Western Cape Liquor Regulations, 2011

Provincial Notice 366 of 2011

This is the latest version of this Provincial Notice.
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Western Cape
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Provincial Notice 366 of 2011
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Western Cape Liquor Act
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English
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Provincial Notice
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Western Cape Liquor Act

Western Cape Liquor Regulations, 2011

Provincial Notice 366 of 2011

  • Published in Western Cape Provincial Gazette 6941 on 21 December 2011
  • There are multiple commencements
    • Provisions Status
    Section 2, section 5–6, section 38 commenced on 21 December 2011.
    Section 32(2)(d) commenced on 30 March 2012.
    Section 1, section 3–4, section 7–31, section 32(1), (2)(a)–(c), (3)–(20), section 33–37 commenced on 1 April 2012 by Provincial Notice 1 of 2012.
    Section 2(2)(bA), (2A)–(2B), section 6(1)(a)–(b), (2)(e), (3)(a)–(b), (5)(c)–(e), (8)(a)–(b), (9)–(12), section 9(4)(a)(vii)–(ix), (4)(b)(v)–(vii), (4)(h)(i)–(iii), (4)(k)–(n), section 10(1)(a)–(b), section 15(3)(a)(ii)(aa)–(dd), (3)(a)(vii)–(ix), section 17(3)–(28), section 18(3A)–(3D), section 19(1)(a)–(b), (2)(a)(i)–(iv), (2)(b)(i)–(iv), (3)(a)–(n), (4)(a)–(m), (10)–(21), section 21(3)(d)–(e), (4)(a)–(h), (10)(a)–(b), section 22(2)(a)–(d), (6)(a)–(b), (7)(a)–(b), (10)(a)–(b), (11)(a)–(b), section 23(1)(a)(vii)–(x), (1)(g)–(i), (2)(d)–(e), (3)(d)–(h), section 26(3)(a)(i)–(iii), (11)(bA)–(bB), section 30(6)–(7), section 31(4A)–(4C), (6)(a)–(b), section 32(2)(e)–(k), (21)–(50), section 33(2)(a)–(b), (6)(a)–(d), (7)(a)–(c), (8)(a)(i)–(ix), (8)(b)(i)–(vi), (8)(d)–(m), (11)(a)(i)–(iii), (11)(b)(i)–(ii), (13)(a)–(b), (15)(a)–(c), (17)(a)–(b), (19)–(45), section 34(2)(a)–(b), (4)(a)–(b), (5)(a)–(b), (6)(a)–(e), (7)(a)–(b), (8)(a)–(c), (9)(a)–(d), (12)–(35), section 37(2)(a)–(d), section 37A commenced on 1 July 2017.
  • [This is the version of this document from 1 December 2024 and includes any amendments published up to 6 December 2024.]
  1. [Amended by Western Cape Liquor Regulations, 2011: Amendment (Provincial Notice 84 of 2012) on 30 March 2012]
  2. [Amended by Western Cape Liquor Regulations, 2011: Amendment (Provincial Notice 371 of 2012) on 10 December 2012]
  3. [Amended by Western Cape Liquor Regulations, 2011: Amendment (Provincial Notice 275 of 2015) on 14 August 2015]
  4. [Amended by Western Cape Liquor Regulations, 2011: Amendment, 2017 (Provincial Notice 117 of 2017) on 1 July 2017]
  5. [Amended by Western Cape Liquor Regulations, 2011: Amendment (Provincial Notice 122 of 2018) on 1 October 2018]
  6. [Amended by Western Cape Liquor Regulations, 2011: Amendment, 2019 (Provincial Notice 109 of 2019) on 30 October 2019]
  7. [Amended by Western Cape Liquor Regulations, 2011: Amendment, 2019 (Provincial Notice 109 of 2019) on 1 December 2019]
  8. [Amended by Western Cape Liquor Regulations, 2011: Amendment, 2020 (Provincial Notice 112 of 2020) on 30 October 2020]
  9. [Amended by Western Cape Liquor Regulations, 2011: Amendment, 2020 (Provincial Notice 112 of 2020) on 1 December 2020]
  10. [Amended by Western Cape Liquor Regulations, 2011: Amendment, 2022 (Provincial Notice 90 of 2022) on 22 July 2022]
  11. [Amended by Western Cape Liquor Regulations, 2011: Amendment, 2022 (Provincial Notice 90 of 2022) on 1 December 2022]
  12. [Amended by Western Cape Liquor Regulations, 2011: Amendment, 2023 (Provincial Notice 93 of 2023) on 1 October 2023]
  13. [Amended by Western Cape Liquor Regulations, 2011: Amendment, 2023 (Provincial Notice 93 of 2023) on 1 December 2023]
  14. [Amended by Western Cape Liquor Regulations, 2011: Amendment, 2024 (Provincial Notice 101 of 2024) on 1 October 2024]
  15. [Amended by Western Cape Liquor Regulations, 2011: Amendment, 2024 (Provincial Notice 101 of 2024) on 1 December 2024]
The Minister of Finance, Economic Development and Tourism has, in terms of section 88 of the Western Cape Liquor Act, 2008 (Act 4 of 2008), made the regulations set out in the Schedule below.

1. Definitions

[The definitions of "Act", "Head of Department", "section", and "Speaker" came into effect on 21 December 2011.]In these Regulations, unless the context otherwise indicates, any word or expression to which a meaning has been assigned in the Act retains that meaning, and in addition—"Act" means the Western Cape Liquor Act, 2008 (Act 4 of 2008);"applicant" means a person applying for a licence, permit or any other dispensation in terms of the Act or these regulations;"certified copy" means a copy of a document certified by a commissioner of oaths as a true copy of the original;[definition of "certified copy" inserted by section 3(a) of Provincial Notice 117 of 2017]"Department" means the provincial Department of Community Safety;[definition of "Department" inserted by section 3(a) of Provincial Notice 117 of 2017]"Head of Department" means the head of the Department;[definition of "Head of Department" substituted by section 3(b) of Provincial Notice 117 of 2017]"inspectorate" means the unit within the Authority consisting of inspectors appointed in terms of section 73(4);"secretary" means the secretary of the Liquor Licensing Tribunal appointed in terms of section (26)(1)(b);"section" refers to a section of the Act;"Speaker" means the Speaker of the Western Cape Provincial Parliament.

2. Appointment of members of Board

(1)For the purpose of the appointment of the members of the Board, the Head of Department must cause a notice to be published in the three official languages of the Province, in the Provincial Gazette and in at least two newspapers circulating in the Province, inviting nominations for members of the Board.
(2)The notice to be published in the Provincial Gazette in terms of subregulation (1) must specify the—
(a)criteria referred to in section 3(1);
(b)nomination procedure;
(bA)manner in which copies of the nomination form referred to in subregulation (3) may be obtained;[paragraph (bA) inserted by section 4(b) of Provincial Notice 117 of 2017]
(c)date by which nominations must be received by the Head of Department; and
(d)manner in which the nominations must be submitted.
[subregulation (2) amended by section 4(a) of Provincial Notice 117 of 2017]
(2A)The notice to be published in the newspapers in terms of subregulation (1) must—
(a)specify the requirements referred to in subregulation (2)(a), (bA), (c) and (d); and
(b)state that the notice published in the Provincial Gazette can be viewed on a website maintained by the Department.
[subregulation (2A) inserted by section 2(c) of Provincial Notice 117 of 2017]
(2B)The Department must ensure that the notice published in the Provincial Gazette is published on a website maintained by the Department.[subregulation (2B) inserted by section 2(c) of Provincial Notice 117 of 2017]
(3)A nominee must submit a nomination form, in the form of Form 1 in Annexure 3, duly completed, to the Head of Department on or before the date referred to in subregulation (2)(c).
(4)The Head of Department must, within 21 days of the date referred to in subregulation (2)(c), cause all nominations referred to in subregulation (3) to be submitted to the Minister, indicating which nominations met the criteria referred to in subregulation (2)(a), and in which respect the other nominations failed to meet the said criteria.
(5)The Minister must, as soon as reasonably possible after receipt of the nominations, submit them to the Speaker for referral to the standing committee for the purpose of making a recommendation in terms of section 3(3).
(6)The Minister must appoint the members of the Board, after considering the recommendations of the standing committee.

3. Re-appointment of members of Board

(1)The Minister must, at least six months before the expiry of the period of appointment of a member of the Board who is eligible for re-appointment—
(a)give notice in writing to the Speaker of the said expiry and that the member is eligible for re-appointment; and
(b)request the Speaker for the recommendations of the standing committee on the re-appointment of that member.
(2)Re-appointment of a member of the Board in terms of section 6(2) must be made at least 30 days before the expiry of the member's period of appointment.
(3)The Minister may, on good cause shown, deviate from subregulation (2) and re-appoint a member of the Board after the expiry of the time limit referred to in that subregulation.

4. Appeals against decisions taken in terms of delegated power or function

(1)An appeal referred to in section 10(5) must be lodged with the Authority in duplicate not later than 60 days after the decision concerned was communicated in writing to the person making the appeal.
(2)An appeal must be fully motivated and must be in the form of Form 29 in Annexure 3.[subregulation (2) amended by section 5 of Provincial Notice 117 of 2017]

5. Meetings of the Board

(1)A notice of the date, place and time of a meeting, other than a special meeting, must be communicated either personally, by electronic mail or facsimile transmission to each member of the Board at least five days before a meeting.
(2)The order of business at a meeting, other than a special meeting of the Board, may follow the sequence set out herein:
(a)call to order;
(b)roll call;
(c)reading and approval of the minutes of the previous meeting;
(d)matters arising from the previous meeting;
(e)report of the Chairperson;
(f)unfinished business;
(g)new business;
(h)other matters;
(i)announcements;
(j)date of next meeting; and
(k)adjournment.
(3)A notice of the date, place and time of a special meeting must be communicated either personally, by electronic mail, facsimile transmission or electronic messaging to each member of the Board at least two days before a meeting.
(4)A notice of a special meeting must—
(a)briefly state the purpose of the special meeting;
(b)indicate who requested the meeting; and
(c)may not include any other business other than the purpose for which the special meeting was called.

6. Appointment of members and substitute members of Liquor Licensing Tribunal

(1)The Chief Executive Officer must by notice in the three official languages of the Province—
(a)in the Provincial Gazette and in at least two newspapers circulating in the Province, invite nominations for the members of the Liquor Licensing Tribunal referred to in section 16(1)(a), (b) and (e); and
(b)in at least two newspapers circulating in the Province, invite nominations for substitute members of the Liquor Licensing Tribunal.
(2)The notice to be published in the Provincial Gazette in terms of subregulation (1)(a) must specify the—
(a)relevant criteria in terms of section 16(1) for appointment as a member of the Liquor Licensing Tribunal;
(b)nomination procedure;
(c)date by which nominations must be submitted to the Chief Executive Officer;
(d)manner in which the nominations must be submitted; and
(e)manner in which copies of the nomination form referred to in subregulation (6) may be obtained.
(3)The notice to be published in the newspapers in terms of subregulation (1)(a) must—
(a)specify the requirements referred to in subregulation (2)(a), (c), (d) and (e); and
(b)state that the notice published in the Provincial Gazette can be viewed on a website maintained by the Department.
(4)The Department must ensure that the notice published in the Provincial Gazette is published on a website maintained by the Department.
(5)The notice to be published in the newspapers in terms of subregulation (1)(b) must specify the—
(a)criteria for appointment as a substitute member;
(b)nomination procedure;
(c)date by which nominations must be submitted to the Chief Executive Officer;
(d)manner in which the nominations must be submitted; and
(e)manner in which copies of the nomination form referred to in subregulation (6) may be obtained.
(6)A nominee must submit a nomination form, in the form of Form 2 in Annexure 3, duly completed, to the Chief Executive Officer on or before the date referred to in subregulation (2)(c) or (5)(c), as the case may be.
(7)The Chief Executive Officer must, within 21 days of the date referred to in subregulation (2)(c) or (5)(c), cause all nominations submitted in terms of subregulation (6) to be submitted to the Board, indicating which nominations met the criteria contemplated in subregulation (2)(a) or (5)(a), as the case may be, and in which respect the other nominations failed to meet the said criteria.
(8)The Board must, within 21 days of receiving the nominations referred to in subregulation (7), appoint—
(a)in respect of members of the Liquor Licensing Tribunal, an interviewing panel consisting of—
(i)the member referred to in section 3(1)(b) and at least three other members of the Board; and
(ii)the Head of Department; and
(b)in respect of substitute members, an interviewing panel consisting of the member referred to in section 3(1)(b) and at least three other members of the Board.
(9)The interviewing panel must—
(a)consider and evaluate the nominations of the nominees who submitted nomination forms in terms of subregulation (6); and
(b)make recommendations to the Board in respect of those nominees.
(10)The Board must appoint the members of the Liquor Licensing Tribunal after considering the recommendations of the interviewing panel.
(11)The Board must, in consultation with the Minister, appoint the substitute members after considering the recommendations of the interviewing panel.
(12)The appointments to the Liquor Licensing Tribunal must be made with race and gender sensitivity.
[regulation 6 substituted by sections 2(a) and 6 of Provincial Notice 117 of 2017]

7. Re-appointment of members of Liquor Licensing Tribunal

(1)The Chief Executive Officer must, at least six months before the expiry of the period of appointment of a member of the Liquor Licensing Tribunal, who is eligible for re-appointment give notice in writing to the Board of the said expiry.
(2)The Board must—
(a)decide on the re-appointment of a member of the Liquor Licensing Tribunal at least three months before the expiry of that member's period of appointment; and
(b)if it decides to re-appoint the member, make the re-appointment at least 30 days before the expiry of that period.
(3)The Board may, on good cause shown, deviate from subregulation (2) and re-appoint a member of the Liquor Licensing Tribunal after the expiry of the time limit referred to in that subregulation.

8. Report by Presiding Officer

A report referred to in section 20(4C) must include—
(a)a statement of the measurable objectives relating to the Liquor Licensing Tribunal as set out in the business plan referred to in section 28(3)(b) for the financial year concerned; and
(b)relevant performance information regarding the economic, efficient and effective application of resources by the Liquor Licensing Tribunal and, specifically, a comparison between planned and actual performance indicators as set out in that business plan.

9. Application procedure for new licences

(1)An applicant is solely responsible for the correctness of any application or notice submitted by or on behalf of the applicant in compliance with these regulations.
(2)Subject to section 36(2) an application for a licence referred to in section 33(1) must be lodged with the Authority and the designated liquor officer in whose area of jurisdiction the proposed licenced premises are located by 14h00 on the Friday preceding the first Friday of any month or, if that preceding Friday is a public holiday, on the last working day before that public holiday.
(3)An application referred to in subregulation (2) must—
(a)be made in the form of Form 3 in Annexure 3;
(b)be on A4-size standard white paper; and
(c)contain the information as required in that form.
[subregulation (3) substituted by section 7(a) of Provincial Notice 117 of 2017]
(4)An application must be accompanied by:
(a)a legible, comprehensive floor plan of the proposed licensed premises on standard white paper not exceeding A3 in size and clearly showing in contrasting colours—
(i)the proposed licensed premises in relation to the entire premises;
(ii)the dimensions of the proposed licensed premises;
(iii)the dimensions of each room on the proposed licensed premises;
(iv)the uses of all the rooms on the proposed licensed premises;
(v)all doors, windows and counters, where applicable, and means of internal and external access;
(vi)the streets and places to which such means of external access lead;
(vii)where liquor will be stored on the proposed licensed premises;
(viii)the areas on the proposed licensed premises where liquor will be sold in relation to the entire premises;
(ix)the areas on the proposed licensed premises where liquor will be consumed in relation to the entire premises;
(b)a legible site plan of the proposed licensed premises on standard white paper not exceeding A3 in size and clearly showing—
(i)in relation to the proposed licensed premises, an outline of every building on the erf to which the application relates and the uses of those buildings;
(ii)the relation of the proposed licensed premises to a residential area;
(iii)the relation of the proposed licensed premises to any institutions referred to in section 34(1)(e)(ii) to (v), with distances indicated in metres;
(iv)the relation of the proposed licensed premises to an undertaking referred to in section 41(1)(c)(i), with distances indicated in metres;
(v)other licensed premises on the erf;
(vi)the relation of the proposed licensed premises to areas where delivery vehicles will stop to load and offload goods; and
(vii)the date of preparation of the plan and the name and address of the person who prepared the plan;
(bA)an aerial view map showing the relation of the proposed licensed premises to a residential area;
(c)in a separate document, a description of the premises, with reference to the construction, layout, furnishing, fixtures, fittings and floor covering;
(d)indexed colour photographs showing the completed internal and external features of the proposed licensed premises as indicated on the floor plan referred to in paragraph (a) or, where the application relates to incomplete premises referred to in section 44, the stage of completion of the premises;
(e)written representations in support of the application;
(f)written representations in support of any determination, consent, approval or authority required by the applicant in terms of the Act;
(g)proof that the applicable application fee set out in Item 1 of Annexure 1 has been paid to the Authority;
(h)a certified copy of the—
(i)identity card or document of the applicant;
(ii)passport and visa or, where applicable, the permanent residence permit of the applicant, if the applicant is a foreigner; or
(iii)relevant registration documents, indicating the identity and, where applicable, the financial interest of all the members, directors, partners, beneficiaries or trustees of the applicant, if the applicant is a person other than a natural person;
(i)such other documents as may be specified on the application form and in the Act, or as may be requested by the Authority;
(j)an affidavit by the applicant that he, she or it is not disqualified in terms of section 35 from holding a liquor licence;
(k)proof that the applicant has lodged the application with the designated liquor officer in whose area of jurisdiction the proposed licensed premises are located;
(l)proof that the applicant has the right to occupy the proposed licensed premises;
(m)proof of ownership of the proposed licensed premises or, if the applicant is not the owner of the premises, written consent from the owner that the applicant may use the proposed licensed premises for the purposes of the licence applied for; and
(n)a nomination for the appointment of a manager in accordance with regulation 22, if the applicant is not a natural person.
[subregulation (4) substituted by section 7(b) of Provincial Notice 117 of 2017]

10. Notification of application

(1)The Authority must publish the notices referred to in section 37(1) in the form of Form 3A in Annexure 3 on the first Friday of any month following the lodgement of an application or, if that Friday—
(a)is a public holiday, on the first Friday following that public holiday;
(b)falls in the period between 1 December of any year and 15 January of the following year, on the first Friday after 15 January.
[subregulation (1) substituted by section 8(a) of Provincial Notice 117 of 2017]
(1A)Where the notices published in the Provincial Gazette and in the newspaper in terms of section 37(1) are not published on the same day, the date of publication of the notices is—
(a)the date on which the notices appear in the newspaper, if the notices in the newspaper are published after the notices in the Provincial Gazette; or
(b)the date on which the notices appear in the Provincial Gazette, if the notices in the Provincial Gazette are published after the notices in the newspaper.
[subregulation (1A) inserted by section 8(b) of Provincial Notice 117 of 2017]
(2)A notice referred to in section 37(2) must be in the form of Form 3B in Annexure 3 and must—
(a)be headed by the words,“NOTICE OF LODGEMENT OF APPLICATION FOR LIQUOR LICENCE”,in bold-type upper-case letters at least 2 cm in height and in black lettering not less than 0,5 cm wide on a white background;
(b)be on standard white paper at least A3 in size;
(c)be waterproofed; and
(d)be displayed from the date of lodgement of the application and remain in place for not less than 28 days from the date of publication of the notice of lodgement of the application.
[subregulation (2) substituted by section 8(c) of Provincial Notice 117 of 2017]
(3)The designated liquor officer concerned must serve a copy of the application on the municipal manager of the relevant municipality within seven days from date of lodgement of the application.
(4)The designated liquor officer must serve the notice as referred to in section 37(5) within seven days from date of lodgement of the application, and where the municipality concerned elects to give that notice, it must do so within seven days from the date of being served with a copy of the application by the designated liquor officer.

11. Application lying for inspection at Authority

(1)For the purposes of section 38, the Authority must enable the public to have access to, inspect or obtain a copy of an application and any document lodged in connection therewith, for a period of 28 days after the notice of lodgement of the application has been published.
(2)The fee for such a copy is set out in Item 14 of Annexure 1.

12. Copies of minutes of proceedings of Board, Liquor Licensing Tribunal and Appeal

For the purposes of section 26(8), any person who requests a copy of the minutes of the proceedings of the Board, Liquor Licensing Tribunal or Appeal Tribunal, must pay the fee set out in Item 15 of Annexure 1 to the Authority.

13. Representations

(1)Written representations referred to in section 39(1) must be lodged within 28 days from the date of publication of the lodgement of the application.
(2)The original written representations must be lodged with the Authority and a copy thereof with the designated liquor officer.
(3)A copy of the written representations must be served on the applicant or his or her representative within the period referred to in subregulation (1).

14. Applicant's response to representations against application

(1)If an applicant intends to respond to representations in terms of section 39(6), the response must be lodged with the Authority and the designated liquor officer not later than 42 days after publication of the notice of lodgement of the application.
(2)The original response must be lodged with the Authority and a copy thereof with the designated liquor officer.

15. Forwarding of documents

(1)The municipality must forward the information referred to in section 40(1) and the documents referred to in section 40(2), if any, within 35 days from the date of publication of lodgement of the application.
(2)The designated liquor officer must within 35 days from the date of publication of lodgement of the application—
(a)serve a copy of his or her report referred to in section 73(7)(a) on the applicant;
(b)lodge the report with the Authority;
(c)lodge proof of service of the report on the applicant with the Authority; and
(d)lodge proof of service of the notices in terms of section 37(5) on the applicant with the Authority.
(3)The report by the designated liquor officer must—
(a)state the following—
(i)the address of the proposed licensed premises;
(ii)the location of the proposed licensed premises in relation to—
(aa)institutions referred to in section 34(1)(e)(ii) to (v);
(bb)a residential area;
(cc)other licensed premises; and
(dd)an undertaking referred to in section 41(1)(c)(i);
(iii)the suitability of the proposed premises;
(iv)the suitability of the applicant, with specific reference to the criminal record of the applicant and his or her spouse;
(v)the public interest;
(vi)crime statistics, if any, which he or she deems relevant in relation to the proposed licensed premises;
(vii)whether the applicant complied with section 37(2) and (3);
(viii)whether a copy of the application was served on the municipality concerned in accordance with section 37(4); and
(ix)whether the designated liquor officer gave notice of the application in accordance with section 37(5); and
(b)include a recommendation for the granting or rejection of the application.
[subregulation (3) substituted by section 9(a) of Provincial Notice 117 of 2017]
(4)If the designated liquor officer fails to lodge his or her report in terms of section 73(7)(a), the Chief Executive Officer may forward a copy of the application to an inspector with a written instruction to lodge a report containing the information referred to in subregulation (3)(a)(i), (ii), (iii), (v), (vii), (viii) and (ix), a recommendation contemplated in subregulation (3)(b) and, where available, the information referred to in subregulation (3)(a)(iv) and (vi), in respect of the application concerned.[subregulation (4) substituted by section 9(b) of Provincial Notice 117 of 2017]
(5)An inspector must lodge his or her report with the Authority and forward a copy thereof to the applicant within the period stipulated by the Chief Executive Officer in terms of the instruction referred to in subregulation (4).
(6)The applicant must lodge his, her or its response, if any, to the report by the designated liquor officer referred to in subregulation (2) or a report by an inspector referred to in subregulation (5) within seven days of being served with a copy of either report.

16. Notices and summonses

(1)A notice or summons to be present at a meeting in terms of section 23(2) or (5) must be in the form of Form 4A or 4B in Annexure 3 respectively and must be issued by the secretary.[subregulation (1) amended by section 2 of Government Notice 84 of 2012 and substituted section 10 of Provincial Notice 117 of 2017]
(2)A notice or summons must be served by a police officer or an inspector by delivering the original thereof to the person named therein or, if he or she cannot be found, by delivering it at his or her place of residence or place of business or employment to a person apparently over the age of 16 years and apparently residing or employed there.
(3)The police officer or inspector, as the case may be, must note the return of service on the copy of the notice or summons, stating that service has or has not been effected in terms of subregulation (2) and must return that copy to the Authority.
(4)A notice or summons must be served on a person mentioned therein not less than 14 days before the date upon which he or she is required to appear.

17. Conditional granting of licence

(1)The Authority must, within seven days after the Liquor Licensing Tribunal has under section 42(1) conditionally granted an application made in terms of section 36, notify the persons referred to in section 46(1) in writing of that decision.
(2)The notice referred to in subregulation (1) must be in the form of Form 5A in Annexure 3.
(3)The Authority must within seven days after the Presiding Officer has satisfied himself or herself that the applicant has complied with the conditions imposed by the Liquor Licensing Tribunal, notify the applicant in writing thereof.
(4)The notice to the applicant must be in the form of Form 6B in Annexure 3.
(5)The applicant must pay the applicable fee set out in Part A of Annexure 2 to the Authority and lodge proof of the payment with the Authority.
(6)The Authority must issue the licence, in the form of Form 7 in Annexure 3, within 14 days of receipt of proof of the payment referred to in subregulation (5).
(7)Regulation 18(5) to (7) applies, with the necessary changes, to licences issued in terms of subregulation (6).
(8)An application referred to in—
(a)section 42(4) to amend or withdraw the conditions imposed by the Liquor Licensing Tribunal when it conditionally granted a licence; or
(b)section 42(5)(b) to amend a plan of the premises,
must be made by lodging with the Authority and the designated liquor officer in whose area of jurisdiction the premises are located an application in the form of Form 5B in Annexure 3.
(9)The application must—
(a)be accompanied by proof of payment to the Authority of the application fee set out in Item 17(a) or (b) of Annexure 1, as the case may be;
(b)be accompanied by written representations in support of the application; and
(c)in respect of an application in terms of section 42(5)(b), also be accompanied by a copy of the amended plan of the premises.
(10)The designated liquor officer in whose area of jurisdiction the proposed licensed premises are located must, within 14 days after an application made in terms of subregulation (8) has been lodged, serve a copy of his or her report in respect of the application on the applicant and lodge the report with the Authority together with proof that the report has been served on the applicant.
(11)The report by the designated liquor officer must contain the following:
(a)a statement on the effect that the proposed amendment or withdrawal of the conditions or amendment of the plan of the premises, as the case may be, may have on the public;
(b)a statement on the effect that the proposed amendment or withdrawal of the conditions or amendment of the plan of the premises, as the case may be, may have on the institutions referred to in section 34(1)(e)(ii) to (v);
(c)any other relevant information that should, in the opinion of the designated liquor officer, be taken into account when considering the application; and
(d)a recommendation for the granting or rejection of the application.
(12)If the designated liquor officer fails to lodge his or her report in terms of subregulation (10), the Chief Executive Officer may forward a copy of the application to an inspector with a written instruction to lodge a report containing the information referred to in subregulation (11) in respect of the application concerned.
(13)An inspector must lodge his or her report with the Authority and forward a copy thereof to the applicant within the period stipulated by the Chief Executive Officer in terms of the instruction referred to in subregulation (12).
(14)The applicant must lodge with the Authority his, her or its response to a report by the designated liquor officer referred to in subregulation (10) or a report by an inspector referred to in subregulation (13) within seven days after having been served with a copy of either report.
(15)The Liquor Licensing Tribunal or the Presiding Officer, as the case may be, must consider an application referred to in subregulation (8) within 30 days after receipt of all the relevant documents referred to in subregulations (8) to (14).
(16)The Authority must, within seven days after the Liquor Licensing Tribunal or the Presiding Officer, as the case may be, has decided on an application made in terms of subregulation (8), notify the applicant and each person who lodged a written objection or representations in respect of the application with the Authority in writing of the decision.
(17)The notice referred to in subregulation (16) must be in the form of Form 5C in Annexure 3.
(18)An application referred to in section 42(5)(a) to extend the time period stipulated by the Liquor Licensing Tribunal when it conditionally granted a licence must be made by lodging with the Authority an application in the form of Form 5B in Annexure 3.
(19)The application must be accompanied by—
(a)proof of payment to the Authority of the application fee set out in Item 17(c) of Annexure 1; and
(b)written representations in support of the application, setting out—
(i)the reasons why the conditions contemplated in section 42(2) cannot or have not been complied with within the time period stipulated by the Liquor Licensing Tribunal;
(ii)the extent to which the applicant has complied with the conditions;
(iii)the steps that the applicant proposes to take in order to comply with the conditions; and
(iv)the time the applicant estimates will be required to complete the proposed steps.
(20)The Presiding Officer must consider an application referred to in subregulation (18) within 30 days after receipt of all the documents referred to in subregulations (18) and (19).
(21)The Authority must, within seven days after the Presiding Officer has decided on an application made in terms of subregulation (18), notify the applicant and each person who lodged a written objection or representations with the Authority in writing of the decision.
(22)The notice must be in the form of Form 5C in Annexure 3.
(23)When an application referred to in subregulation (8) or (18) is granted, the applicant must pay the applicable fee set out in Item 10, 11 or 12 in Part A of Annexure 2, as the case may be, to the Authority.
(24)The Chief Executive Officer must refer any material facts as contemplated in section 42(4A) that have been lodged with the Authority to the Liquor Licensing Tribunal.
(25)The Chief Executive Officer must, simultaneously with the referral contemplated in subregulation (24), serve on the applicant copies of any documents containing the material facts as contemplated in section 42(4A) that were lodged with the Authority, together with a notice in the form of Form 5E setting out:
(a)the action which may be taken by the Liquor Licensing Tribunal in terms of section 42(4A);
(b)the nature and purpose of such action;
(c)the right of the applicant to make representations within the period stipulated in the notice;
(d)the right of the applicant to appeal or apply for the review of any decision of the Liquor Licensing Tribunal.
(26)The Liquor Licensing Tribunal must, within 30 days after receipt of the Chief Executive Officer’s referral in terms of subregulation (24), make a decision either to revoke the conditional granting of the licence or not to revoke the conditional granting of the licence.
(27)The Authority must, within seven days after the Liquor Licensing Tribunal has taken a decision as contemplated in subregulation (26), notify the persons referred to in section 46(1) in writing of the decision.
(28)The notice referred to in subregulation (27) must be in the form of Form 5D in Annexure 3.
[regulation 17 substituted by section 11 of Provincial Notice 117 of 2017]

18. Issuing of licence

(1)The Authority must, within seven days after the Liquor Licensing Tribunal has decided on an application made in terms of section 36, notify the persons referred to in section 46(1) in writing of the decision.[subregulation (1) substituted by section 12(a) of Provincial Notice 117 of 2017]
(2)If the application is granted, the notice to the applicant must be in the form of Form 6A in Annexure 3.[subregulation (2) substituted by section 12(b) of Provincial Notice 117 of 2017]
(3)The applicant must pay the applicable fee set out in Part A of Annexure 2 to the Authority.
(3A)An application for condonation for failure to pay the applicable fee referred to in section 46(6) must be lodged in accordance with section 46(6) with the Authority in the form of Form 6C in Annexure 3.[subregulation (3A) inserted by section 12(c) of Provincial Notice 117 of 2017]
(3B)The Chief Executive Officer must, within 30 days after receipt of an application referred to in subregulation (3A), consider the application.[subregulation (3B) inserted by section 12(c) of Provincial Notice 117 of 2017]
(3C)The Authority must, within seven days after the Chief Executive Officer has decided on an application made in terms of subregulation (3A), notify the applicant in writing of the decision.[subregulation (3C) inserted by section 12(c) of Provincial Notice 117 of 2017]
(3D)If the Chief Executive Officer grants an application made in terms of subregulation (3A), the applicant must pay to the Authority the applicable fee together with the 100% penalty referred to in section 46(6).[subregulation (3D) inserted by section 12(c) of Provincial Notice 117 of 2017]
(4)The Authority must issue the licence, in the form of Form 7 in Annexure 3, within 14 days after receipt of proof of the payment referred to in subregulation (3) or (3D), as the case may be.[subregulation (4) substituted by section 12(d) of Provincial Notice 117 of 2017]
(5)The Authority must assign a unique number for each licence issued, to be reflected on the licence and all its attachments, and must forthwith cause the name of the licensee and the aforementioned number and such other details as may be necessary to be recorded in a register.
(6)A licence issued by the Authority must bear the insignia of the Authority.
(7)A person may obtain a copy of a licence and the conditions attached thereto from the Authority upon the payment of the fee set out in Item 14 of Annexure 1.

19. Application for temporary liquor licence or event liquor licence

(1)An applicant for—
(a)a temporary liquor licence as contemplated in section 48(1); or
(b)an event liquor licence as contemplated in section 48(4),
must lodge an application with the Authority, and a copy thereof with the designated liquor officer in whose area of jurisdiction the proposed licensed premises are located and with the municipality concerned.
(2)An application for—
(a)a temporary liquor licence must—
(i)be made at least 39 days before the first day of the period referred to in section 48(2);
(ii)be made in the form of Form 8 in Annexure 3;
(iii)be on A4-size standard white paper; and
(iv)contain the information as required in that form;
(b)an event liquor licence must—
(i)be made at least 39 days before the date of the event;
(ii)be made in the form of Form 9 in Annexure 3;
(iii)be on A4-size standard white paper; and
(iv)contain the information as required in that form.
(3)An application for a temporary liquor licence must be accompanied by—
(a)a legible, comprehensive floor plan of the proposed licensed premises on standard white paper not exceeding A3 in size and clearly showing in contrasting colours—
(i)the proposed licensed premises in relation to the entire premises;
(ii)the dimensions of the proposed licensed premises;
(iii)the dimensions of each room on the proposed licensed premises;
(iv)the uses of all the rooms on the proposed licensed premises;
(v)all doors, windows and counters, where applicable, and means of internal and external access;
(vi)the streets and places to which such means of external access lead;
(vii)where liquor will be stored on the proposed licensed premises;
(viii)the areas on the proposed licensed premises where liquor will be sold in relation to the entire premises;
(ix)the areas on the proposed licensed premises where liquor will be consumed in relation to the entire premises;
(b)a legible site plan of the proposed licensed premises on standard white paper not exceeding A3 in size and clearly showing in contrasting colours—
(i)in relation to the proposed licensed premises, an outline of every building on the erf to which the application relates and the uses of those buildings;
(ii)the relation of the proposed licensed premises to a residential area;
(iii)the relation of the proposed licensed premises to any institutions referred to in section 34(1)(e)(ii) to (v), with distances indicated in metres;
(iv)the relation of the proposed licensed premises to an undertaking referred to in section 41(1)(c)(i), with distances indicated in metres;
(v)other licensed premises on the erf; and
(vi)the date of preparation of and the name and address of the person who prepared the plan;
(c)an aerial view map showing the relation of the proposed licensed premises to a residential area;
(d)in a separate document, a description of the premises, with reference to the construction, layout, furnishing, fixtures, fittings and floor covering;
(e)indexed colour photographs showing the completed internal and external features of the proposed licensed premises as indicated on the floor plan referred to in paragraph (a);
(f)written representations in support of the application;
(g)proof of payment to the Authority of the application fee for a temporary liquor licence set out in Item 2 of Annexure 1;
(h)a certified copy of the—
(i)identity card or document of the applicant;
(ii)passport and visa or, where applicable, the permanent residence permit of the applicant, if the applicant is a foreigner; or
(iii)relevant registration documents, indicating the identity and, where applicable, the financial interest of all the members, directors, partners, beneficiaries or trustees of the applicant, if the applicant is a person other than a natural person;
(i)such other documents as may be specified on the application form and in the Act, or as may be requested by the Authority;
(j)an affidavit by the applicant that he, she or it is not disqualified in terms of section 35 from holding a liquor licence;
(k)proof that the applicant has lodged a copy of the application with the designated liquor officer in whose area of jurisdiction the proposed licensed premises are located and with the municipality concerned;
(l)proof that the applicant has the right to occupy the proposed licensed premises for the period of the licence applied for;
(m)proof of ownership of the proposed licensed premises or, if the applicant is not the owner of the premises, written consent from the owner that the applicant may use the proposed licensed premises for the purposes of the licence applied for; and
(n)a nomination for the appointment of a manager in accordance with regulation 22.
(4)An application for an event liquor licence must be accompanied by—
(a)a legible, comprehensive floor plan of the proposed licensed premises on standard white paper not exceeding A3 in size and clearly showing in contrasting colours—
(i)the proposed licensed premises in relation to the entire premises;
(ii)the dimensions of the proposed licensed premises;
(iii)the dimensions of each room on the proposed licensed premises;
(iv)the uses of all the rooms on the proposed licensed premises;
(v)all doors, windows and counters, where applicable, and means of internal and external access;
(vi)the streets and places to which such means of external access lead;
(vii)where liquor will be stored on the proposed licensed premises;
(viii)the areas on the proposed licensed premises where liquor will be sold in relation to the entire premises; and
(ix)the areas on the proposed licensed premises where liquor will be consumed in relation to the entire premises;
(b)a legible site plan of the proposed licensed premises on standard white paper not exceeding A3 in size and clearly showing in contrasting colours—
(i)in relation to the proposed licensed premises, an outline of every building on the erf to which the application relates and the uses of those buildings;
(ii)the relation of the proposed licensed premises to a residential area;
(iii)the relation of the proposed licensed premises to any institutions referred to in section 34(1)(e)(ii) to (v), with distances indicated in metres;
(iv)the relation of the proposed licensed premises to an undertaking referred to in section 41(1)(c)(i), with distances indicated in metres;
(v)other licensed premises on the erf; and
(vi)the date of preparation of and the name and address of the person who prepared the plan;
(c)an aerial view map showing the relation of the proposed licensed premises to a residential area;
(d)indexed colour photographs showing the completed internal and external features of the proposed licensed premises as indicated on the floor plan referred to in paragraph (a);
(e)in a separate document, a description of the premises, with reference to the construction, layout, furnishing, fixtures, fittings and floor covering;
(f)written representations in support of the application;
(g)proof of payment to the Authority of the application fee for an event liquor licence set out in Item 3 of Annexure 1;
(h)a certified copy of the—
(i)identity card or document of the applicant;
(ii)passport and visa or, where applicable, the permanent residence permit of the applicant, if the applicant is a foreigner; or
(iii)relevant registration documents, indicating the identity and, where applicable, the financial interest of all the members, directors, partners, beneficiaries or trustees of the applicant, if the applicant is a person other than a natural person;
(i)such other documents as may be specified on the application form and in the Act, or as may be requested by the Authority;
(j)an affidavit by the applicant that he, she or it is not disqualified in terms of section 35 from holding a liquor licence;
(k)proof that the applicant has lodged a copy of the application with the designated liquor officer in whose area of jurisdiction the proposed licensed premises are located and with the municipality concerned;
(l)proof of ownership of the proposed licensed premises or, if the applicant is not the owner of the premises, written consent from the owner that the applicant may use the proposed licensed premises for the purposes of the licence applied for; and
(m)a nomination for the appointment of a manager in accordance with regulation 22.
(5)The designated liquor officer must, within five days after an application has been lodged in terms subregulation (1)(a) or (b), as the case may be, serve a copy of his or her report referred to in section 73(7)(a) containing the information referred to in regulation 15(3)(a)(i) to (vi) and a recommendation contemplated in regulation 15(3)(b) on the applicant and lodge the report with the Authority together with proof that the report has been served on the applicant.
(6)The municipality concerned must, within eight days after the application has been lodged in terms of subregulation (1)(a) or (b), as the case may be, forward the comments and documents referred to in section 40(2), if any, to the Authority and the applicant.
(7)If the designated liquor officer fails to lodge his or her report in terms of subregulation (5), the Chief Executive Officer may forward a copy of the application to an inspector with a written instruction to lodge a report containing the information referred to in regulation 15(3)(a)(i), (ii), (iii) and (v), a recommendation contemplated in regulation 15(3)(b) and, where available, the information referred to in regulation 15(3)(a)(iv) and (vi), in respect of the application concerned.
(8)An inspector must lodge his or her report with the Authority and forward a copy thereof to the applicant within two days of receipt of the instruction referred to in subregulation (7).
(9)If the municipality concerned does not forward comments and documents in terms of subregulation (6), the Chief Executive Officer must notify the municipality that the period referred to in subregulation (6) has lapsed and that the Presiding Officer may nonetheless proceed to consider the application made in terms of subregulation (1)(a) or (b), as the case may be.
(10)The Authority must serve on the applicant copies of any objections or representations lodged with the Authority in respect of an application made in terms of subregulation (1)(a) or (b).
(11)The applicant must, within ten days of lodgement of an application in terms of subregulation (1)(a) or (b), lodge with the Authority his, her or its response to—
(a)a report by the designated liquor officer contemplated in subregulation (5) or by an inspector contemplated in subregulation (8);
(b)comments and documents, if any, forwarded by the municipality;
(c)any objections or representations that may have been lodged with the Authority if the objections or representations so lodged were served on the applicant within eight days of lodgement of the application.
(12)The Presiding Officer may, within three days of receipt of the applicant’s response contemplated in subregulation (11), or if no response was received, within three days of the day on which the response of the applicant was due in terms of subregulation (11), request additional information as referred to in section 48(9) from the applicant.
(13)The applicant must furnish the Authority with the additional information within three days of being requested to do so.
(14)An application for condonation in terms of section 48(10) must be lodged with the Authority in the form of Form 12A.
(15)An application contemplated in subregulation (14) must be accompanied by—
(a)the application in terms of subregulation (1)(a) or (b), as the case may be, in respect of which condonation is applied for;
(b)written representations in support of the application; and
(c)proof of payment to the Authority of the penalty referred to in section 48(10).
(16)The Presiding Officer must either grant or refuse an application made in terms of subregulation (1)(a) or (b)—
(a)within 19 days of the date of lodgement of the application; or
(b)in the case of an application for condonation in terms of subregulation (14), on the day on which the application for condonation is granted.
(17)The Authority must, on the day following the day contemplated in subregulation (16) notify the applicant and each person who lodged a written objection or representations in respect of the application with the Authority in writing of the decision.
(18)If the application made in terms of subregulation (1)(a) or (b) is granted—
(a)the applicant must, on the day contemplated in subregulation (17), pay the fee set out in Item 5 or 6 in Part A of Annexure 2, as the case may be, to the Authority and lodge proof of the payment with the Authority; and
(b)the Authority must, within one day of receipt of proof of the payment referred to in paragraph (a), issue a licence, in the form of Form 10 or 11 in Annexure 3, as the case may be.
(19)Before the Presiding Officer issues a notice in terms of section 48(13), the Authority must serve on the holder of the licence copies of any report, complaint, referral or representations contemplated in section 48(14) together with a notice in the form of Form 12B in Annexure 3 setting out:
(a)the action which the Presiding Officer proposes to take in terms of section 48(13);
(b)the nature and purpose of the proposed action;
(c)the right of the holder of the licence to make representations within the period stipulated in the notice;
(d)the right of the holder of the licence to appeal or apply for the review of any decision of the Presiding Officer.
(20)The Presiding Officer must, on the expiry of the period referred to in the notice, consider and decide on the proposed action to be taken.
(21)The Authority must, on the day that the Presiding Officer takes a decision as contemplated in subregulation (20)—
(a)notify the holder of the licence, the Chief Executive Officer and each person who lodged a report, complaint, referral or representations contemplated in section 48(14) with the Authority in writing of the decision; and
(b)if the decision is to take any action in terms of section 48(13), deliver or tender the notice referred to in section 48(13) to the holder of the licence.
[regulation 19 substituted by sections 2(b) and 13 of Provincial Notice 117 of 2017]

20. Deliveries

(1)An invoice referred to in section 50(1)(a) must contain—
(a)the name and address of the licensed business;
(b)the licence number of the licensed business;
(c)the invoice number and date of issue;
(d)the full name and address of the person ordering the liquor and the address to which the delivery is to be made;
(e)the kind and quantity of the liquor to be delivered; and
(f)the purchase price to be paid.
(2)The licensee must retain copies of invoices in terms of section 50(1)(a) at the licensed premises for a period of three years from their date of issue, notwithstanding any law to the contrary.[subregulation (2) substituted by section 14 of Provincial Notice 117 of 2017]
(3)For the purposes of section 50(1)(d), where the purchaser exceeds the threshold referred to in regulation 27(2), the purchaser must furnish to the licensee—
(a)proof of his or her residential address; and
(b)his or her home telephone number, cellular phone number, work address, and work telephone number, if any.

21. Application to transfer financial interest in licensed business or to let licensed premises

(1)A licensee or any other person with a financial interest in a licensed business who wishes to transfer a financial interest of more than 5% in the licensed business to another person as contemplated in section 51(1) and that other person (in this regulation referred to as the joint applicants) must jointly lodge an application with the Authority and a copy thereof with the designated liquor officer in whose area of jurisdiction the licensed premises are located, in the form of Form 13 in Annexure 3, and both of them must furnish in the application the information required in that form.
(2)A licensee who wishes to let the licence to another person, allow another person to carry on business in terms of the licence or allow another person to use the licensed premises as contemplated in section 51(7) and that other person (in this regulation referred to as the joint applicants) must jointly lodge an application with the Authority and a copy thereof with the designated liquor officer in whose area of jurisdiction the licensed premises are located, in the form of Form 14 in Annexure 3, and both of them must furnish in the application the information required in that form.
(3)An application made in terms of subregulation (1) must be accompanied by—
(a)proof of payment to the Authority of the applicable application fee set out in Item 5 of Annexure 1;
(b)documented proof of the proposed change in financial interest;
(c)written representations in support of the application;
(d)a certified copy of the following in respect of the person to whom the financial interest is intended to be transferred—
(i)his or her identity card or document;
(ii)his or her passport and visa or, where applicable, the permanent residence permit, if that person is a foreigner;
(iii)the relevant registration documents, indicating the identity and, where applicable, the financial interest of all the members, directors, partners, beneficiaries or trustees, if that person is not a natural person; and
(e)an affidavit by the person to whom the financial interest is intended to be transferred that he, she or it is not disqualified in terms of section 35 from holding a liquor licence.
(4)An application made in terms of subregulation (2) must be accompanied by—
(a)proof of payment to the Authority of the applicable application fee set out in Item 18 of Annexure 1;
(b)documented proof of the proposed letting of the licence, carrying on of the business in terms of the licence or use of the licensed premises;
(c)a copy of the licence concerned;
(d)a certified copy of the following in respect of the person who proposes to let the licence from the licensee, carry on business in terms of the licence or use the licensed premises—
(i)his or her identity card or document;
(ii)his or her passport and visa or, where applicable, the permanent residence permit, if that person is a foreigner;
(iii)the relevant registration documents, indicating the identity and, where applicable, the financial interest of all the members, directors, partners, beneficiaries or trustees, if that person is not a natural person;
(e)an affidavit by the person contemplated in paragraph (d) that he, she or it is not disqualified in terms of section 35 from holding a liquor licence;
(f)a copy of the licence of the person who proposes to let the licence from the licensee, carry on business in terms of the licence or use the licensed premises;
(g)a legible, comprehensive floor plan of the licensed premises on standard white paper not exceeding A3 in size and clearly showing in contrasting colours—
(i)the applicable portion of the licensed premises that will be affected by the proposed letting of the licence, carrying on of business under the licence or use of the licensed business in relation to the entire premises;
(ii)the dimensions of the applicable portion;
(iii)the dimensions of each room on the applicable portion of the licensed premises;
(iv)the uses of all the rooms on the applicable portion of the licensed premises;
(v)all doors, windows and counters, where applicable, and means of internal and external access;
(vi)where liquor will be stored on the applicable portion of the licensed premises in relation to the entire premises;
(vii)the areas on the applicable portion of the licensed premises where liquor will be sold in relation to the entire premises;
(viii)the areas on the applicable portion of the licensed premises where liquor will be consumed in relation to the entire premises; and
(h)indexed colour photographs showing—
(i)the applicable portion of the licensed premises;
(ii)the entire licensed premises.
(5)The designated liquor officer in whose area of jurisdiction the licensed premises are located must, within 14 days after an application made in terms of subregulation (1) or (2), has been lodged, serve a copy of his or her report contemplated in section 51(5) or (7A), as the case may be, on the joint applicants and lodge the report with the Authority together with proof that the report has been served on the joint applicants.
(6)If the designated liquor officer fails to lodge his or her report in terms of subregulation (5) with the Authority, the Chief Executive Officer must, within 21 days from the date of lodgement of the application, request the designated liquor officer concerned in writing to lodge the report with the Authority within three days.
(7)If the designated liquor officer fails to lodge his or her report in terms of subregulation (6), the Chief Executive Officer may forward a copy of the application made in terms of subregulation (1) or (2), as the case may be, to an inspector with a written instruction to lodge a report containing the information contemplated in section 51(5) or (7A), as the case may be, in respect of the application concerned.
(8)An inspector must lodge his or her report with the Authority and forward a copy thereof to the joint applicants within the period stipulated by the Chief Executive Officer in terms of the instruction referred to in subregulation (7).
(9)The joint applicants must lodge with the Authority their response to the report by the designated liquor officer referred to in subregulation (5) or (6) or the report by an inspector referred to in subregulation (8) within seven days after having been served with a copy of either report.
(10)The Presiding Officer must—
(a)in respect of an application made in terms of subregulation (1), either grant or refuse the application within 30 days after receipt of all the relevant documents referred to in subregulations (1) to (9);
(b)in respect of an application made in terms of subregulation (2), either grant or refuse the application within 30 days after receipt of all the relevant documents referred to in subregulations (2) to (9).
(11)The Authority must, within seven days after the Presiding Officer has decided on an application made in terms of subregulation (1) or (2), as the case may be, notify the joint applicants and each person who lodged a written objection or representations in respect of the application with the Authority in writing of the decision.
(12)If an application is granted, the Authority must issue a written consent within 14 days after the consent was granted.
[regulation 21 substituted by section 15 of Provincial Notice 117 of 2017]

22. Nomination of manager

(1)A person must when seeking the approval of the appointment of a manager of a licensed business as contemplated in section 52(1), (1A) or (2) lodge a nomination in the form of Form 15 in Annexure 3 with the Authority and a copy thereof with the designated liquor officer in whose area of jurisdiction the licensed premises are located and must furnish the information required in that form.
(2)The nomination must be accompanied by—
(a)a certified copy of the—
(i)identity card or document of the nominated person; or
(ii)passport and visa or, where applicable, the permanent residence permit of the nominated person, if the nominated person is a foreigner;
(b)written representations in support of the nomination;
(c)proof that the nominated person resides in the Province; and
(d)an affidavit by the nominated person that he or she is not disqualified in terms of section 35 from holding a liquor licence.
(3)The designated liquor officer must—
(a)within 14 days after a nomination has been lodged; or
(b)in respect of a nomination contemplated in section 52(1A)(a) or (b), within five days after the nomination has been lodged,
as the case may be, serve a copy of his or her report referred to in section 52(3) on the person who lodged the nomination in terms of subregulation (1) and lodge the report with the Authority together with proof that the report has been served on the person who lodged the nomination.
(4)If the designated liquor officer fails to lodge his or her report in terms of subregulation (3)(a) with the Authority, the Chief Executive Officer must, within 21 days from the date of lodgement of the nomination, request the designated liquor officer concerned in writing to lodge the report with the Authority within three days.
(5)If the designated liquor officer fails to lodge his or her report in terms of subregulation (3)(b) or (4), the Chief Executive Officer may forward a copy of the nomination concerned to an inspector with a written instruction to lodge a report containing the information referred to in section 52(3), in respect of the nomination concerned.
(6)An inspector must—
(a)within the period stipulated by the Chief Executive Officer in terms of the instruction referred to in subregulation (5); or
(b)in respect of a nomination contemplated in section 52(1A)(a) or (b), within three days of receipt of the instruction referred to in subregulation (5),
lodge his or her report with the Authority and forward a copy thereof to the person who lodged the nomination.
(7)The person who lodged the nomination must lodge his, her or its response, if any, to a report by the designated liquor officer referred to in subregulation (3) or a report by an inspector referred to in subregulation (6)—
(a)within seven days after having been served with a copy of either report; or
(b)in respect of a nomination contemplated in section 52(1A)(a) or (b), within two days after having been served with a copy of either report.
(8)The Liquor Licensing Tribunal or the Presiding Officer, as the case may be, must either approve or refuse the appointment of the nominated person within 30 days after receipt of all the relevant documents referred to in subregulations (1) to (7).
(9)The Presiding Officer must, in respect of a nomination contemplated in section 52(1A)(a) or (b), after receipt of all the relevant documents referred to in subregulations (1) to (7) either approve or refuse the appointment of the nominated person on the day contemplated in regulation 19(16)(a) or (b), as the case may be.
(10)The Authority must notify the person who lodged the nomination in writing of the decision—
(a)within seven days after the Liquor Licensing Tribunal or the Presiding Officer, as the case may be, has decided on a nomination in terms of subregulation (8); or
(b)within one day after the Presiding Officer has decided on a nomination in terms of subregulation (9).
(11)If the appointment is approved, the Authority must—
(a)within 14 days after the consent was granted issue a written consent to the person who lodged the nomination; or
(b)in respect of a nomination contemplated in section 52(1A)(a) or (b), within one day of the notification referred to in subregulation (10)(b) issue a written consent to the person who lodged the nomination.
[regulation 22 substituted by section 16 of Provincial Notice 117 of 2017]

23. Application for consent to alter licensed premises or nature of business

(1)A licensee who requires consent to perform any action referred to in section 53(1)(a) must lodge with the Authority and the designated liquor officer in whose area of jurisdiction the licensed premises are located an application in the form of Form 16 in Annexure 3, accompanied by—
(a)a legible, comprehensive floor plan of the applicable portion of the licensed premises intended to be altered, added to, reconstructed or extended, on standard white paper not exceeding A3 in size and clearly showing in contrasting colours—
(i)the applicable portion of the licensed premises in relation to the entire premises;
(ii)the dimensions of the applicable portion;
(iii)the dimensions of each room on the applicable portion;
(iv)the uses of each room on the applicable portion;
(v)all doors, windows and counters, where applicable, and means of internal and external access;
(vi)the streets and places to which such means of external access lead;
(vii)how the applicable portion links up with the licensed premises;
(viii)where liquor will be stored on the applicable portion;
(ix)the areas on the applicable portion where liquor will be sold in relation to the entire premises;
(x)the areas on the applicable portion where liquor will be consumed in relation to the entire premises;
(b)a description of the proposed alterations;
(c)in a separate document, a description of the applicable portion of the licensed premises, with reference to the construction, lay-out, furnishing, fixtures, fittings and floor covering;
(d)proof that the applicant has the right to alter the licensed premises for the purpose contemplated in the application;
(e)proof of payment to the Authority of the application fee set out in Item 6 of Annexure 1;
(f)written representations in support of the application;
(g)in respect of an application to extend the licensed premises, proof that the applicant has the right to occupy the applicable portion;
(h)in respect of an application to extend the licensed premises, proof of ownership of the licensed premises, or, if the applicant is not the owner of the premises, written consent from the owner that the applicant may use the applicable portion for the purposes of the licence; and
(i)indexed colour photographs showing the completed internal and external features of the licensed premises.
[subregulation (1) substituted by section 17(a) of Provincial Notice 117 of 2017]
(2)A licensee who requires consent to perform any action referred to in section 53(1)(b) must lodge with the Authority and the designated liquor officer in whose area of jurisdiction the licensed premises are located an application, in the form of Form 17 in Annexure 3, accompanied by—
(a)a description of the proposed change in the nature of the business;
(b)proof of payment to the Authority of the application fee set out in Item 6 of Annexure 1;
(c)written representations in support of the application;
(d)proof that the applicant has the right to materially change the nature of the business in respect of which the licence was granted; and
(e)the documents specified on the application form or as may be requested by the Authority.
[subregulation (2) substituted by section 17(b) of Provincial Notice 117 of 2017]
(3)A licensee who requires consent to perform any action referred to in section 53(1)(c) must lodge with the Authority and the designated liquor officer in whose area of jurisdiction the licensed premises are located an application, in the form of Form 18 in Annexure 3, accompanied by—
(a)a description of any other business, trade or occupation that is carried on or pursued on the proposed premises on which it is intended that the business under the licence will be conducted;
(b)proof of payment to the Authority of the application fee set out in Item 6 of Annexure 1;
(c)written representations in support of the application;
(d)a legible, comprehensive floor plan of the applicable portion of the proposed premises on which it is intended that the business under the licence will be conducted, on standard white paper not exceeding A3 in size and clearly showing in contrasting colours—
(i)the applicable portion of the proposed premises in relation to the entire premises;
(ii)the dimensions of the applicable portion;
(iii)the dimensions of each room on the applicable portion of the proposed premises;
(iv)the uses of each room on the applicable portion of the proposed premises;
(v)all doors, windows and counters, where applicable, and means of internal and external access;
(vi)the streets and places to which such means of external access lead;
(vii)where liquor will be stored on the applicable portion of the proposed premises;
(viii)the areas on the applicable portion of the proposed premises where liquor will be sold in relation to the entire premises;
(ix)the areas on the applicable portion of the proposed premises where liquor will be consumed in relation to the entire premises;
(e)in a separate document, a description of the applicable portion of the proposed premises, with reference to the construction, lay-out, furnishing, fixtures, fittings and floor covering;
(f)proof that the applicant has the right to occupy the applicable portion of the proposed premises;
(g)proof of ownership of the proposed premises or, if the applicant is not the owner of the premises, written consent from the owner that the applicant may use the applicable portion of the proposed premises for the purposes of the licence; and
(h)indexed colour photographs showing the internal and external features of the proposed premises.
[subregulation (3) substituted by section 17(c) of Provincial Notice 117 of 2017]
(4)The designated liquor officer must within 14 days after an application in terms of subregulation (1), (2) or (3) has been lodged, serve a copy of his or her report referred to in section 53(2A) on the applicant and lodge the report with the Authority together with proof that the report has been served on the applicant.[subregulation (4) amended by section 17(d) of Provincial Notice 117 of 2017]
(5)If the designated officer fails to lodge his or her report in terms of subregulation (4) with the Authority, the Chief Executive Officer must, within 21 days from date of lodgement of the application, notify the designated liquor officer concerned in writing, to lodge the report within three days from the date of such notification.
(6)If the designated liquor officer fails to lodge his or her report in terms of subregulation (5), the Chief Executive Officer may forward a copy of the application to an inspector with a written instruction to lodge a report containing the information referred to in subregulation (4) in respect of the application concerned.
(7)An inspector must lodge his or her report with the Authority and forward a copy to the applicant within the period stipulated by the Chief Executive Officer in terms of the instruction referred to in subregulation (6).[subregulation (7) amended by section 17(e) of Provincial Notice 117 of 2017]
(8)The applicant must lodge his, her or its response to a report by the designated liquor officer referred to in subregulation (4) or a report by an inspector referred to in subregulation (7) within seven days of having been served with a copy of either report.[subregulation (8) amended by section 17(f) of Provincial Notice 117 of 2017]
(9)The Presiding Officer must within 30 days after receipt of all documents referred to in this regulation, either grant or refuse the application.
(10)The Authority must, within seven days after the Presiding Officer has decided on an application made in terms of subregulation (1), (2) or (3), notify the applicant and each person who lodged a written objection or representations in respect of the application concerned with the Authority in writing of the decision.[subregulation (10) substituted by section 17(g) of Provincial Notice 117 of 2017]
(11)If an application is granted, the Authority must issue a written consent within 14 days after the consent was granted.[subregulation (11) amended by section 17(h) of Provincial Notice 117 of 2017]
(12)When an application is granted in terms of this regulation, the applicant must pay the fees set out in Item 7, 8 or 9 in Part A of Annexure 2, as the case may be, to the Authority.[subregulation (12) substituted by section 17(i) of Provincial Notice 117 of 2017]

24. Access to licensed premises and restricted areas

A licensee must ensure that every restricted area referred to in section 56(4) is marked by means of a notice placed at the entrance of the restricted area containing the words,“RESTRICTED AREA — NO PERSONS UNDER 18 YEARS ALLOWED”,in bold-type upper-case letters at least 5 cm in height and in black lettering not less than 0,5 cm wide on a white background.[regulation 24 substituted by section 18 of Provincial Notice 117 of 2017]

25. Application to store liquor in other or additional places

(1)A licensee who requires the consent of the Presiding Officer to store liquor in another or additional place as envisaged in section 57(1) must lodge a written application with the Authority and the designated liquor officer in whose area of jurisdiction the proposed storage area is located.
(2)The application must be accompanied by:
(a)a map showing the location of the proposed storage area;
(b)a detailed plan of the applicable portion of the proposed storage area, on which the place where the liquor is to be stored is indicated in colour, clearly showing with reference thereto—
(i)the dimensions;
(ii)all doors, windows and counters (if applicable) and means of internal and external access; and
(iii)the streets and places to which the means of external access lead;
(c)a description of the shortest distance by road from the licensed premises to the proposed storage area;
(d)a description of the situation of the proposed storage area with reference to the geographical area in which it is situated;
(e)proof of payment to the Authority of the application fee set out in Item 7(a) of Annexure 1; and
(f)written representations in support of the application.
(3)The designated liquor officer must, within 14 days after the application has been lodged, serve a copy of his or her report referred to in section 73(7)(a) containing the information referred to in regulation 15(3)(a)(i) to (vi) and a recommendation contemplated in regulation 15(3)(b) on the applicant and lodge the report with the Authority together with proof that the report has been served on the licensee.[subregulation (3) substituted by section 19(a) of Provincial Notice 117 of 2017]
(4)If the designated officer fails to lodge his or report in terms of subregulation (3) with the Authority, the Chief Executive Officer must, within 21 days from date of lodgement of the application, notify the designated liquor officer concerned in writing, to lodge the report within three days.
(5)If the designated liquor officer fails to lodge his or her report in terms of subregulation (4), the Chief Executive Officer may forward a copy of the application to an inspector with a written instruction to lodge a report containing the information referred to in regulation 15(3)(a)(i), (ii), (iii), (v), a recommendation contemplated in regulation 15(3)(b) and, where available, the information referred to in regulation 15(3)(a)(iv) and (vi), in respect of the application concerned.[subregulation (5) substituted by section 19(b) of Provincial Notice 117 of 2017]
(6)An inspector must lodge his or her report with the Authority and forward a copy to the applicant within the period stipulated by the Chief Executive Officer in terms of the instruction referred to in subregulation (5).[subregulation (6) amended by section 19(c) of Provincial Notice 117 of 2017]
(7)The applicant must lodge his, her or its response to a report by the designated liquor officer referred to in subregulation (3) or a report by an inspector referred to in subregulation (6) within seven days of having been served with a copy of either report.[subregulation (7) amended by section 19(d) of Provincial Notice 117 of 2017]
(8)The Presiding Officer must within 30 days after receipt of all documents referred to in this regulation either grant or refuse the application.
(9)The Authority must, within seven days after the Presiding Officer has decided on an application made in terms of subregulation (1), notify the applicant and each person who lodged a written objection or representations in respect of the application with the Authority in writing of the decision.[subregulation (9) substituted by section 19(e) of Provincial Notice 117 of 2017]
(10)If an application is granted, the Authority must issue a written consent within 14 days after the consent was granted.[subregulation (10) amended by section 19(f) of Provincial Notice 117 of 2017]
(11)When an application is granted in terms of this regulation, the applicant must pay the fees set out in Item 7(b) of Annexure 1 to the Authority.

26. Application for the extension of trading hours

(1)A licensee who intends to have his, her or its trading hours extended in terms of section 59(4), must lodge an application, in the form of Form 19 in Annexure 3, with the Authority and the designated liquor officer in whose area of jurisdiction the licenced premises are located.[subregulation (1) amended by section 20(b) of Provincial Notice 117 of 2017]
(2)The application must be accompanied by—
(a)proof of payment to the Authority of the application fee set out in Item 8(a) of Annexure 1; and
(b)written representations in support of the application.
(3)The designated liquor officer must within seven days after the application has been lodged with the Authority, give notice in writing of the application to—
(a)the municipal manager of the municipality concerned in order for the municipality to—
(i)allow the public to view the application;
(ii)obtain the comment of the ward councillor of the area in the municipality where the licensed premises are located; and
(iii)comment on the application;
[paragraph (a) substituted by section 20(c) of Provincial Notice 117 of 2017]
(b)the neighbouring residents and persons who in his or her judgement may be affected by, or have an interest in, the granting or refusal of the application; and
(c)the community policing forum, if any, of the area in which the premises are located.
(4)A person who has an interest in the granting or refusal of an application may, within 21 days after having been given notice thereof, lodge written representations for the granting or refusal of that application.[subregulation (4) amended by section 20(d) of Provincial Notice 117 of 2017]
(5)A person making representations must set out the following—
(a)his or her full name and address;
(b)his or her identity number or, if a company or close corporation, its registration number;
(c)if applicable, the name and address of his or her representative;
(d)the nature of his or her interest in the granting or refusal of the application; and
(e)grounds for the objection or support.
(6)The representations must be lodged with the Authority and the designated liquor officer concerned.
(7)The person making the representations must—
(a)serve a copy of the representations on the applicant or the applicant's representative; and
(b)provide proof of such service when lodging the representations with the Authority.
(8)The designated liquor officer must, within 21 days after the application has been lodged, serve a copy of his or her report referred to in section 73(7)(a) containing the information referred to in regulation 15(3)(a)(i) to (vi) and a recommendation contemplated in regulation 15(3)(b) on the applicant and lodge the report with the Authority together with proof that the report has been served on the applicant and that notice of the application was given to the persons and institutions referred to in subregulation (3).[subregulation (8) substituted by section 20(e) of Provincial Notice 117 of 2017]
(9)The applicant must lodge his, her or its response, if any, to representations against the application and a report by the designated liquor officer referred to in subregulation (8) within seven days after having been served with a copy of the report.
(10)The Presiding Officer must within 30 days after receipt of all documents referred to in this regulation, consider the application.
(11)The Authority must, within seven days of a decision by the Presiding Officer to grant or refuse the application, notify—
(a)the applicant;
(b)the municipal manager of the municipality concerned;
(bA)the ward councillor of the area in the municipality where the licensed premises are located;
(bB)each person who lodged a written objection or representations in respect of the application with the Authority;
(c)the neighbouring residents and persons who in its opinion may be affected by, or have an interest in, the granting or refusal of the application; and
(d)the community policing forum, if any, of the area in which the premises are located,
in writing of the decision of the Presiding Officer.[subregulation (11) substituted by section 20(f) of Provincial Notice 117 of 2017]
(12)If the Presiding Officer grants the application, the Authority must issue the new licence conditions, incorporating the extended trading hours, within 14 days after the Presiding Officer has granted the application.
(13)When an application is granted in terms of this regulation, the applicant must pay the fees set out in Item 8(b) of Annexure 1 to the Authority.
[regulation 26 amended by section 20(a) of Provincial Notice 117 of 2017]

27. Quantity of liquor sold and keeping of records

(1)The record referred to in section 60(1) of liquor sold for consumption off the licensed premises must—
(a)be in a written or electronic form; and
(b)contain the following the:
(i)name and address of the licensed business;
(ii)licence number of the licensed business;
(iii)invoice numbers and dates of issue;
(iv)kind and quantity of the liquor sold; and
(v)purchase prices paid.
(2)The maximum quantity of liquor envisaged in section 60(2) is 150 litres.
(3)Where a consent in terms of section 60(2) has been granted, the record referred to in section 60(1) must also contain the name, address, and telephone numbers of the purchaser.

28. Suspension of licences and maximum amount of certain fines

(1)When the Liquor Licensing Tribunal suspends a licence in terms of section 20(3)(b)(iii), the Authority must within seven days notify the licensee in writing of the suspension.
(2)When the Presiding Officer suspends a licence in terms of section 62(4), he or she must within seven days of receiving the report notify the licensee in writing of the suspension.
(3)A fine imposed by the Liquor Licensing Tribunal in terms of section 20(3)(b)(v) may not exceed the amount set out in Item 16 in Annexure 1.

29. Abandonment of licences

A licensee abandons a licence when the licensee lodges with the Authority and the designated liquor officer in whose area of jurisdiction the licensed premises are located a notice in the form of Form 20 in Annexure 3.[regulation 29 amended by section 21 of Provincial Notice 117 of 2017]

30. Automatic renewal of licences and condonation for failure to pay renewal fee by due date

(1)The annual and biennial renewal notice referred to in section 63(1) and (2A) respectively must be in the form of Form 21A in Annexure 3.
(2)The licensee must pay the applicable fee set out in Part C of Annexure 2 to the Authority.
(3)A licensee who intends to subscribe to a biennial renewal cycle referred to in section 63(2A) must lodge with the Authority a notice in the form of Form 21B in Annexure 3 by no later than 30 November of the year in which the Authority has issued the annual renewal notice referred to in section 63(1).
(4)An application for condonation for the failure to pay the renewal fee on or before the last day of February of the applicable period referred to in section 63(4) must be lodged with the Authority in the form of Form 21C in Annexure 3.
(5)The Chief Executive Officer must, within 30 days after receipt of an application referred to in subregulation (4), consider the application.
(6)The Authority must, within seven days after the Chief Executive Officer has decided on an application made in terms of subregulation (4), notify the applicant in writing of the decision.
(7)If the Chief Executive Officer grants an application made in terms of subregulation (4), the licensee must pay to the Authority the applicable fee together with the penalty referred to in section 63(4).
[regulation 30 substituted by section 22 of Provincial Notice 117 of 2017]

31. Application for renewal of licence

(1)An application referred to in section 64(1) for the renewal of a licence must be in the form of Form 22 in Annexure 3.[subregulation (1) amended by section 23(a) of Provincial Notice 117 of 2017]
(2)The application must be lodged with the Authority and a copy thereof with the designated liquor officer in whose area of jurisdiction the licensed premises are located.
(3)The application must include—
(a)written representations in support of the application;
(b)the full name, address and other contact details of the licensee;
(c)the documents specified on the application form or requested by the Authority; and
(d)proof of payment to the Authority of the fee set out in Item 9 of Annexure 1.
(4)An application for condonation in terms of section 64(4) must be in the form of Form 23 in Annexure 3.[subregulation (4) amended by section 23(b) of Provincial Notice 117 of 2017]
(4A)The Liquor Licensing Tribunal must, within 30 days after receipt of an application referred to in subregulation (4), consider the application.[subregulation (4A) inserted by section 23(c) of Provincial Notice 117 of 2017]
(4B)The Authority must, within seven days after the Liquor Licensing Tribunal has decided on an application made in terms of subregulation (4), notify the applicant.[subregulation (4B) inserted by section 23(c) of Provincial Notice 117 of 2017]
(4C)If the Liquor Licensing Tribunal grants the application referred to in subregulation (4), the applicant must pay to the Authority the applicable fee together with the penalty referred to in section 64(4).[subregulation (4C) inserted by section 23(c) of Provincial Notice 117 of 2017]
(5)The Authority must notify the inspectorate in writing of an application referred to in subregulation (1) within seven days from the date of lodgement of the application.
(6)The inspectorate and the designated liquor officer must each—
(a)within 14 days from the date of lodgement of the application lodge with the Authority a report that investigates the factors referred to in section 64(1)(a) to (e); and
(b)serve on the applicant a copy of that report.
[subregulation (6) substituted by section 23(d) of Provincial Notice 117 of 2017]
(7)The applicant must lodge his or her response, if any, to the report by the designated liquor officer or the report by the inspector within seven days after having been served with a copy of either report.
(8)The Liquor Licensing Tribunal must within 30 days after receipt of all documents in this regulation consider the application.
(9)The Authority must, within seven days after the Liquor Licensing Tribunal has decided on an application made in terms of section 64, notify the applicant, the designated liquor officer, the municipal manager concerned and each person who lodged a written objection or representations in respect of the application with the Authority in writing of the decision.[subregulation (9) substituted by section 23(e) of Provincial Notice 117 of 2017]

32. Transfer of licence

(1)A licensee who intends to transfer a licence to another person in terms of section 65(1) must lodge an application for the transfer of his, her or its licence with the Authority and a copy thereof with the designated liquor officer in whose area of jurisdiction the licensed premises are located.
(2)An application in terms of section 65(1) must—
(a)be made in the form of Form 24 in Annexure 3;
(b)be on A4-size standard white paper;
(c)contain the information as required in that form;
(d)be accompanied by proof of payment to the Authority of the applicable fee set out in Item 10(a) of Annexure 1;
(e)be accompanied by a certified copy of the—
(i)identity card or document of the proposed licensee;
(ii)passport and visa or, where applicable, the permanent residence permit of the proposed licensee, if the proposed licensee is a foreigner; or
(iii)relevant registration documents, indicating the identity and, where applicable, the financial interest of all the members, directors, partners, beneficiaries or trustees of the proposed licensee, if the proposed licensee is a person other than a natural person;
(f)be accompanied by an affidavit by the proposed licensee that he, she or it is not disqualified in terms of section 35 from holding a liquor licence;
(g)be accompanied by proof that the applicant has lodged a copy of the application with the designated liquor officer in whose area of jurisdiction the licensed premises are located;
(h)be accompanied by proof that the proposed licensee has the right to occupy the licensed premises;
(i)be accompanied by proof of ownership of the licensed premises or, if the proposed licensee is not the owner of the premises, written consent from the owner that the proposed licensee may use the licensed premises for the purposes of the licence in respect of which the application is lodged;
(j)be accompanied by written representations in support of the application; and
(k)be accompanied by documented proof of the reason for the transfer.
(3)The designated liquor officer must, within 14 days after an application for the transfer of a licence has been lodged, serve a copy of his or her report referred to in section 65(11) on the applicant and lodge the report with the Authority together with proof that the report has been served on the applicant.
(4)If the report referred to in subregulation (3) contains any information or recommendation that is adverse to the proposed licensee, the designated liquor officer must, within 14 days after the application made in terms of subregulation (1) has been lodged, notify the proposed licensee in writing thereof and call upon him, her or it to reply thereto within seven days from the date of the notice.
(5)If the designated liquor officer fails to lodge his or her report in terms of subregulation (3), the Chief Executive Officer may forward a copy of the application to an inspector with a written instruction to lodge a report containing the information contemplated in section 65(11) in respect of the application concerned.
(6)An inspector must lodge his or her report with the Authority and forward a copy thereof to the applicant within the period stipulated by the Chief Executive Officer in terms of the instruction referred to in subregulation (5).
(7)If the report referred to in subregulation (6) contains any information or recommendation that is adverse to the proposed licensee, the inspector must notify the proposed licensee in writing thereof and call upon him, her or it to reply thereto within seven days from the date of the notice.
(8)The applicant must lodge with the Authority his, her or its response to a report by the designated liquor officer referred to in subregulation (3) or a report by an inspector referred to in subregulation (6) within seven days after having been served with a copy of either report.
(9)The Liquor Licensing Tribunal must consider an application made in terms of subregulation (1) within 30 days after receipt of all the relevant documents referred to in subregulations (1) to (8).
(10)The Authority must, within seven days after the Liquor Licensing Tribunal has decided on an application made in terms of subregulation (1), notify the applicant, the proposed licensee and each person who lodged a written objection or representations in respect of the application with the Authority in writing of the decision in the form of Form 24A in Annexure 3.
(11)When the Liquor Licensing Tribunal conditionally grants an application made in terms of subregulation (1), the Authority must within seven days thereof notify the applicant, the proposed licensee and each person who lodged a written objection or representations in respect of the application with the Authority in writing of the decision in the form of Form 24B in Annexure 3.
(12)When an application made in terms of subregulation (1) is granted, the Authority must within 14 days after payment by the proposed licensee of the applicable fee set out in Part B of Annexure 2 to the Authority issue a certificate of transfer to the proposed licensee in the form of Form 25 in Annexure 3.
(13)When an application made in terms of subregulation (1) is conditionally granted, the Authority must, within seven days after the Presiding Officer has satisfied himself or herself that the proposed licensee has complied with the conditions imposed by the Liquor Licensing Tribunal, notify the proposed licensee in writing thereof.
(14)The notice to the proposed licensee must be in the form of Form 24C in Annexure 3.
(15)The proposed licensee must pay the applicable fee set out in Part B of Annexure 2 to the Authority and lodge proof of the payment with the Authority.
(16)The Authority must, within 14 days of receipt of proof of the payment referred to in subregulation (15), issue a certificate of transfer to the proposed licensee in the form of Form 25 in Annexure 3.
(17)An application for condonation in terms of section 65(19) must be lodged with the Authority in the form of Form 24D in Annexure 3.
(18)The Chief Executive Officer must, within 30 days after receipt of an application referred to in subregulation (17), consider the application.
(19)The Authority must, within seven days after the Chief Executive Officer has decided on an application made in terms of subregulation (17), notify the applicant in writing of the decision.
(20)If the Chief Executive Officer grants the application referred to in subregulation (17), the applicant must pay to the Authority the applicable fee together with the penalty referred to in section 65(19).
(21)An application referred to in section 65(3) for consent to conduct the licensed business pending the transfer of the licence must be made by lodging with the Authority an application in the form of Form 26 in Annexure 3 and a copy thereof with the designated liquor officer in whose area of jurisdiction the licensed premises are located and by serving a copy thereof on the licensee.
(22)The application must be accompanied by—
(a)proof of payment to the Authority of the application fee set out in Item 10(b) of Annexure 1; and
(b)written representations in support of the application.
(23)The designated liquor officer must, within 14 days after the application for consent has been lodged, serve a copy of his or her report referred to in section 65(11) on the applicant and lodge the report with the Authority together with proof that the report has been served on the applicant.
(24)If the report referred to in subregulation (23) contains any information or recommendation that is adverse to the licensee, the designated liquor officer must, within 14 days after the application for consent has been lodged, notify the licensee in writing thereof and call upon the licensee to reply thereto within seven days from the date of the notice.
(25)If the designated liquor officer fails to lodge his or her report in terms of subregulation (23), the Chief Executive Officer may forward a copy of the application to an inspector with a written instruction to lodge a report containing the information contemplated in section 65(11) in respect of the application concerned.
(26)An inspector must lodge his or her report with the Authority and forward a copy thereof to the applicant within the period stipulated by the Chief Executive Officer in terms of the instruction referred to in subregulation (25).
(27)If the report referred to in subregulation (26) contains any information or recommendation that is adverse to the licensee, the inspector must notify the licensee in writing thereof and call upon him, her or it to reply thereto within seven days from the date of the notice.
(28)The applicant must lodge with the Authority his, her or its response to a report by the designated liquor officer referred to in subregulation (23) or a report by an inspector referred to in subregulation (26) within seven days after having been served with a copy of either report.
(29)The Presiding Officer must consider an application made in terms of subregulation (21) within 30 days after receipt of all the relevant documents referred to in subregulations (21) to (28).
(30)The Authority must, within seven days after the Presiding Officer has decided on an application for consent made in terms of subregulation (21), notify the applicant, the licensee, the designated liquor officer in whose area of jurisdiction the licensed premises are located and each person who lodged a written objection or representations in respect of the application with the Authority in writing of the decision.
(31)An application referred to in section 65(6) to extend the consent granted by the Presiding Officer in respect of an application made in terms of subregulation (21) must be made by lodging with the Authority an application in the form of Form 26A in Annexure 3.
(32)The application must be accompanied by—
(a)proof of payment to the Authority of the application fee set out in Item 10(c) of Annexure 1; and
(b)written representations in support of the application.
(33)The Presiding Officer must consider an application made in terms of subregulation (31) within 30 days after receipt of all the documents referred to in subregulations (31) and (32).
(34)The Authority must, within seven days after the Presiding Officer has decided on an application made in terms of subregulation (31), notify the applicant, the licensee, the designated liquor officer in whose area of jurisdiction the licensed premises are located and each person who lodged a written objection or representations in respect of the application with the Authority in writing of the decision in the form of Form 26B in Annexure 3.
(35)An application referred to in section 65(12B) to amend or withdraw the conditions imposed by the Liquor Licensing Tribunal when it conditionally granted an application made in terms of subregulation (1) must be made by lodging with the Authority an application in the form of Form 24E in Annexure 3 and a copy thereof with the designated liquor officer in whose area of jurisdiction the licensed premises are located.
(36)The application must be accompanied by—
(a)proof of payment to the Authority of the application fee set out in Item 17(a) of Annexure 1; and
(b)written representations in support of the application.
(37)The designated liquor officer must, within 14 days after an application made in terms of subregulation (35) has been lodged, serve a copy of his or her report in respect of the application on the applicant and lodge the report with the Authority together with proof that the report has been served on the applicant.
(38)The report by the designated liquor officer must contain the following:
(a)a statement on the effect that the proposed amendment or withdrawal of the conditions may have on the public;
(b)a statement on the effect that the proposed amendment or withdrawal of the conditions may have on the institutions referred to in section 34(1)(e)(ii) to (v);
(c)any other information that should, in the opinion of the designated liquor officer, be taken into account when considering the application; and
(d)a recommendation for the granting or rejection of the application.
(39)If the report contemplated in subregulation (38) contains any information or recommendation that is adverse to the licensee, the designated liquor officer must, within 14 days after the application made in terms of subregulation (35) has been lodged, notify the licensee in writing thereof and call upon the licensee to reply thereto within seven days from the date of the notice.
(40)If the designated liquor officer fails to lodge his or her report in terms of subregulation (37), the Chief Executive Officer may forward a copy of the application to an inspector with a written instruction to lodge a report containing the information referred to in subregulation (38) in respect of the application concerned.
(41)An inspector must lodge his or her report with the Authority and forward a copy thereof to the applicant within the period stipulated by the Chief Executive Officer in terms of the instruction referred to in subregulation (40).
(42)If the report referred to in subregulation (41) contains any information or recommendation that is adverse to the licensee, the inspector must notify the licensee in writing thereof and call upon him, her or it to reply thereto within seven days from the date of the notice.
(43)The applicant must lodge with the Authority his, her or its response to a report by the designated liquor officer referred to in subregulation (37) or a report by an inspector referred to in subregulation (41) within seven days after having been served with a copy of either report.
(44)The Liquor Licensing Tribunal must consider an application made in terms of subregulation (35) within 30 days after receipt of all the relevant documents referred to in subregulations (35) to (43).
(45)The Authority must, within seven days after the Liquor Licensing Tribunal has decided on an application made in terms of subregulation (35), notify the applicant, the licensee and each person who lodged a written objection or representations in respect of the application with the Authority in writing of the decision in the form of Form 24F in Annexure 3.
(46)An application referred to in section 65(12C) to extend the time period stipulated by the Liquor Licensing Tribunal when it conditionally granted an application made in terms of subregulation (1) must be made by lodging with the Authority an application in the form of Form 24E in Annexure 3.
(47)The application must be accompanied by—
(a)proof of payment to the Authority of the application fee set out in Item 17(c) of Annexure 1; and
(b)written representations in support of the application setting out—
(i)the reasons why the conditions contemplated in section 65(12) cannot or have not been complied with within the time period stipulated by the Liquor Licensing Tribunal;
(ii)the extent to which the applicant has complied with the conditions;
(iii)the steps that the applicant proposes to take in order to comply with the conditions; and
(iv)the time the applicant estimates will be required to complete the proposed steps.
(48)The Presiding Officer must consider an application made in terms of subregulation (46) within 30 days after receipt of all the documents referred to in subregulations (46) and (47).
(49)The Authority must, within seven days after the Presiding Officer has decided on an application made in terms of subregulation (46), notify the applicant, the licensee and each person who lodged a written objection or representations in respect of the application with the Authority in writing of the decision in the form of Form 24F in Annexure 3.
(50)When an application is granted in terms of this regulation, the applicant must, except in respect of an application made in terms of subregulation (17), pay the applicable fee set out in Part B of Annexure 2 to the Authority.
[regulation 32 amended by section 3 of Government Notice 84 of 2012 and substituted by section 24 of Provincial Notice 117 of 2017]

33. Application for removal of licence

(1)A licensee who intends to remove a licence in terms of section 66(2) must lodge an application for the removal with the Authority and a copy thereof with the designated liquor officer in whose area of jurisdiction the licensed premises are currently located and, where the granting of the application will have the effect of removing the licence to the area of jurisdiction of another designated liquor officer, also with the designated liquor officer of that area, on any Friday of a month or, if that Friday is a public holiday, on the last working day before that public holiday.
(2)The Authority must publish a notice in the form of Form 27A in Annexure 3 in the Provincial Gazette, in the three official languages of the Province on the Friday following the lodgement of the application or, if that Friday—
(a)is a public holiday, on the first working day following that public holiday; or
(b)falls in the period between 1 December of any year and 15 January of the following year, on the first Friday after 15 January.
(3)The Authority must cause the notice referred to in subregulation (2) to be published, in the three official languages of the Province, in a community newspaper circulating in the area where the licence is to be removed to or, where there is no such community newspaper, in at least one other newspaper circulating in that area, on the day contemplated in subregulation (2) or on the next date on which the newspaper concerned is circulated in that area.
(4)Where the notice published in the Provincial Gazette and in the newspaper in terms of subregulation (2) and (3) is not published on the same day, the date of publication of the notice is—
(a)the date on which the notice appears in the newspaper, if the notice in the newspaper is published after the notice in the Provincial Gazette; or
(b)the date on which the notice appears in the Provincial Gazette, if the notice in the Provincial Gazette is published after the notice in the newspaper.
(5)The applicant must display a notice in the form of Form 27B in Annexure 3, in the three official languages of the Province, in a prominent place on the proposed licensed premises so that it is visible to passers-by.
(6)The notice referred to in subregulation (5) must—
(a)be headed by the words,“NOTICE OF LODGEMENT OF APPLICATION FOR REMOVAL OF LIQUOR LICENCE”,in bold-type upper-case letters at least 2 cm in height and in black lettering not less than 0,5 cm wide on a white background;
(b)be at least A3 in size on standard paper;
(c)be waterproofed; and
(d)be displayed from the date of lodgement of the application and remain in place for not less than 28 days from the date of publication of the notice of lodgement of the application.
(7)An application referred to in subregulation (1) must—
(a)be made in the form of Form 27 in Annexure 3;
(b)be on A4-size standard white paper; and
(c)contain the information required in that form.
(8)The application must be accompanied by:
(a)a legible, comprehensive floor plan of the proposed licensed premises on standard white paper not exceeding A3 in size clearly showing in contrasting colours—
(i)the proposed licensed premises in relation to the entire premises;
(ii)the dimensions of the proposed licensed premises;
(iii)the dimensions of each room on the proposed licensed premises;
(iv)the uses of all the rooms on the proposed licensed premises;
(v)all doors, windows and counters, where applicable, and means of internal and external access;
(vi)the streets and places to which such means of external access lead;
(vii)where liquor will be stored on the proposed licensed premises;
(viii)the areas on the proposed licensed premises where liquor will be sold in relation to the entire premises;
(ix)the areas on the proposed licensed premises where liquor will be consumed in relation to the entire premises;
(b)a legible site plan of the proposed licensed premises on standard white paper not exceeding A3 in size and clearly showing—
(i)in relation to the proposed licensed premises, an outline of every building on the erf to which the application relates and the uses of those buildings;
(ii)the relation of the proposed licensed premises to a residential area;
(iii)the relation of the proposed licensed premises to any institutions referred to in section 34(1)(e)(ii) to (v), with distances indicated in metres;
(iv)the relation of the proposed licensed premises to an undertaking referred to in section 41(1)(c)(i), with distances indicated in metres;
(v)other licensed premises on the erf; and
(vi)the relation of the proposed licensed premises to areas where delivery vehicles will stop to load and offload goods;
(c)an aerial view map showing the relation of the proposed licensed premises to a residential area;
(d)in a separate document, a description of the premises, with reference to the construction, layout, furnishing, fixtures, fittings and floor covering;
(e)indexed colour photographs showing the completed internal and external features of the proposed licensed premises or, where the application relates to incomplete premises, the stage of completion of the premises;
(f)written representations in support of the application and any determination, consent, approval or authority simultaneously applied for;
(g)proof of payment to the Authority of the applicable application fee set out in Item 11 of Annexure 1;
(h)a certified copy of the—
(i)identity card or document of the applicant;
(ii)passport and visa or, where applicable, the permanent residence permit of the applicant, if the applicant is a foreigner; or
(iii)relevant registration documents, indicating the identity and, where applicable, the financial interest of all the members, directors, partners, beneficiaries or trustees of the applicant, if the applicant is a person other than a natural person;
(i)such documents as may be specified in Form 27 in Annexure 3 and in the Act, or as may be requested by the Liquor Licensing Tribunal;
(j)an affidavit by the applicant that he, she or it is not disqualified in terms of section 35 from holding a liquor licence;
(k)proof that the applicant has lodged a copy of the application with the designated liquor officer in whose area of jurisdiction the licensed premises are currently located and, where the granting of the application will have the effect of removing the licence to the area of jurisdiction of another designated liquor officer, proof that the applicant has lodged a copy of the application with the designated liquor officer of that area;
(l)proof that the applicant has the right to occupy the proposed licensed premises;
(m)proof of ownership of the proposed licensed premises or, if the applicant is not the owner of the premises, written consent from the owner that the applicant may use the proposed licensed premises for the purposes of the licence in respect of which the application for removal was lodged in terms of subregulation (1).
(9)All plans attached to the application must show the date of preparation of and the name and address of the person who prepared the plan.
(10)The Authority and the designated liquor officer or officers concerned must allow the public to inspect the application and every document lodged with the Authority in connection with the application for a period of 28 days after the date of publication of the notice of lodgement of the application.
(11)The designated liquor officer to whose area of jurisdiction the licence is to be removed must—
(a)serve a copy of the application on the municipal manager of the relevant municipality within seven days from the date of lodgement of the application, in order for the municipality to—
(i)allow the public to view the application;
(ii)obtain the comments of the ward councillor of the area in the municipality where the proposed licensed premises are located; and
(iii)comment on the application;
(b)give notice of the application to—
(i)neighbouring residents or such persons who in his or her judgement may be affected by, or have an interest in, the granting or refusal of the application; and
(ii)the community policing forum, if any, of the area in which the proposed licensed premises are located.
(12)If the municipality referred to in subregulation (11) intends to comment, it must forward its comments or recommendations within 28 days after being served with a copy of the application.
(13)
(a)If a person who has an interest in the granting or refusal of an application lodged in terms of subregulation (1) intends to make representations for or against the granting or refusal of that application, he, she or it may do so in writing within 28 days from the date of publication of the notice of lodgement of the application.
(b)The person referred to in paragraph (a) must—
(i)serve a copy of the written representations on the applicant or his, her or its representative and the designated liquor officer to whose area of jurisdiction the licence is to be removed within the period referred to in paragraph (a); and
(ii)lodge the original written representations with the Authority within the period referred to in paragraph (a).
(14)The designated liquor officer in whose area of jurisdiction the premises are currently located and, where the granting of the application will have the effect of removing the licence to the area of jurisdiction of another designated liquor officer, also the designated liquor officer of that area, must, within 35 days from the date of publication of the notice of lodgement of the application, serve a copy of his or her report in respect of the application on the applicant and lodge the report with the Authority together with proof that the report has been served on the applicant.
(15)The report by the designated liquor officer in whose area of jurisdiction the premises are currently located must include the following—
(a)the address of the licensed premises;
(b)a summary of the manner in which the licensee conducted his or her business on the licensed premises; and
(c)a recommendation for the granting or rejection of the application.
(16)The report by the designated liquor officer to whose area of jurisdiction the licence is to be removed must include the following—
(a)the address of the proposed licensed premises;
(b)the location of the proposed licensed premises in relation to—
(i)the institutions referred to in section 34(1)(e)(ii) to (v);
(ii)a residential area;
(iii)other licensed premises; and
(iv)an undertaking referred to in section 41(1)(c)(i);
(c)the suitability of the proposed licensed premises;
(d)the public interest;
(e)crime statistics, if any, which he or she deems relevant in relation to the proposed licensed premises;
(f)a recommendation for the granting or rejection of the application;
(g)a statement on whether the applicant complied with subregulation (5);
(h)a statement on whether a copy of the application was served on the municipality concerned in accordance with subregulation (11)(a);
(i)a statement on whether notice of the application was given in accordance with subregulation (11)(b).
(17)If either of the designated liquor officers referred to in subregulation (1) fails to lodge his or her report in terms of subregulation (14) the Chief Executive Officer may forward a copy of the application to an inspector with a written instruction to lodge a report containing the information referred to in—
(a)subregulation (15)(a) and (b) and a recommendation contemplated in subregulation (15)(c); or
(b)subregulation (16)(a), (b), (c), (d), (g), (h), (i), a recommendation contemplated in subregulation (16)(f) and, where available, the information referred to in subregulation (16)(e),
as the case may be, in respect of the application concerned.
(18)An inspector must lodge his or her report with the Authority and forward a copy thereof to the applicant within 21 days of receipt of the instruction referred to in subregulation (17).
(19)If the report by a designated liquor officer referred to in subregulation (14) or a report by an inspector referred to in subregulation (18) relating to the application contains any information or recommendation that adversely affects the application, the applicant must lodge with the Authority his, her or its response to such report within seven days after having been served with a copy thereof.
(20)The Liquor Licensing Tribunal must consider an application made in terms of subregulation (1) within 30 days after receipt of all the relevant documents referred to in subregulations (1), (7), (8), (12), (13), (14), (18) and (19).
(21)The Authority must, within seven days after the Liquor Licensing Tribunal has decided on an application made in terms of subregulation (1), notify the applicant and each person who lodged a written objection or representations in respect of the application with the Authority in writing of the decision in the form of Form 27C in Annexure 3.
(22)When the Liquor Licensing Tribunal conditionally grants an application made in terms of subregulation (1) or grants an application as contemplated in section 66(13), as the case may be, the Authority must within seven days thereof notify the applicant and each person who lodged a written objection or representations in respect of the application with the Authority in writing of the decision in the form of Form 27D in Annexure 3.
(23)When an application made in terms of subregulation (1) is granted, the Authority must, subject to subregulation (24), within 14 days after payment by the applicant of the applicable fee set out in Part B of Annexure 2 to the Authority, issue a certificate of removal in terms of section 66(6) in the form of Form 28 in Annexure 3.
(24)When an application made in terms of subregulation (1) is conditionally granted or an application is granted as contemplated in section 66(13), the Authority must, within seven days after the Presiding Officer has satisfied himself or herself that the applicant has complied with the conditions imposed by the Liquor Licensing Tribunal or the conditions or requirements imposed by the Presiding Officer, as the case may be, notify the applicant in writing thereof.
(25)The notice to the applicant must be in the form of Form 27E in Annexure 3.
(26)The applicant must pay the applicable fee set out in Part B of Annexure 2 to the Authority and lodge proof of payment with the Authority.
(27)The Authority must, within 14 days of receipt of proof of the payment referred to in subregulation (26), issue a certificate of removal to the applicant in the form of Form 28 in Annexure 3.
(28)An application for condonation in terms of section 66(8) must be lodged with the Authority in the form of Form 27F in Annexure 3.
(29)The Chief Executive Officer must, within 30 days after receipt of an application referred to in subregulation (28), consider the application.
(30)The Authority must, within seven days after the Chief Executive Officer has decided on an application made in terms of subregulation (28), notify the applicant in writing of the decision.
(31)If the Chief Executive Officer grants the application referred to in subregulation (28), the applicant must pay to the Authority the applicable fee together with the penalty referred to in section 66(8).
(32)An application to—
(a)amend or withdraw the conditions imposed by the Liquor Licensing Tribunal when it conditionally granted an application made in terms of subregulation (1);
(b)revoke or amend any condition or requirement determined under section 66(13); or
(c)approve an amended plan referred to in section 66(14)(d),
must be made by lodging with the Authority an application in the form of Form 27G in Annexure 3 and a copy thereof with the designated liquor officer to whose area of jurisdiction the licence is to be removed.
(33)The application must—
(a)be accompanied by proof of payment to the Authority of the application fee set out in Item 17(a), (b) or (d) of Annexure 1, as the case may be;
(b)be accompanied by written representations in support of the application; and
(c)in respect of an application made in terms of subregulation (32)(c), also be accompanied by a copy of the amended plan of the premises.
(34)The designated liquor officer to whose area of jurisdiction the licence is to be removed must, within 14 days after an application made in terms of subregulation (32)(a), (b) or (c), as the case may be, has been lodged, serve a copy of his or her report in respect of the application on the applicant and lodge the report with the Authority together with proof that the report has been served on the applicant.
(35)The report by the designated liquor officer must contain the following:
(a)a statement on the effect that the proposed amendment or withdrawal of the conditions or revocation or amendment of the conditions or requirements may have on the public;
(b)a statement on the effect that the proposed amendment or withdrawal of the conditions or revocation or amendment of the conditions or requirements may have on the institutions referred to in section 34(1)(e)(ii) to (v);
(c)any other information, if any, that should, in the opinion of the designated liquor officer, be taken into account when considering the application; and
(d)a recommendation for the granting or rejection of the application.
(36)If the designated liquor officer fails to lodge his or her report in terms of subregulation (34), the Chief Executive Officer may forward a copy of the application to an inspector with a written instruction to lodge a report containing the information referred to in subregulation (35), in respect of the application concerned.
(37)An inspector must lodge his or her report with the Authority and forward a copy thereof to the applicant within the period stipulated by the Chief Executive Officer in terms of the instruction referred to in subregulation (36).
(38)The applicant must lodge with the Authority his, her or its response to a report by the designated liquor officer referred to in subregulation (34) or a report by an inspector referred to in subregulation (37) within seven days after having been served with a copy of either report.
(39)The Liquor Licensing Tribunal or the Presiding Officer, as the case may be, must consider an application made in terms of subregulation (32)(a), (b) or (c) within 30 days after receipt of all the relevant documents referred to in subregulations (32) to (38).
(40)The Authority must, within seven days after the Liquor Licensing Tribunal or the Presiding Officer, as the case may be, has decided on an application made in terms of subregulation (32)(a), (b) or (c), notify the applicant and each person who lodged a written objection or representations in respect of the application with the Authority in writing of the decision in the form of Form 27H in Annexure 3.
(41)An application to extend the time period—
(a)stipulated by the Liquor Licensing Tribunal in terms of section 66(4A); or
(b)stipulated by the Presiding Officer in terms of section 66(13) or (14)(b),
must be made by lodging with the Authority an application in the form of Form 27G in Annexure 3.
(42)The application must be accompanied by—
(a)proof of payment to the Authority of the application fee set out in Item 17(c) of Annexure 1; and
(b)written representations in support of the application setting out—
(i)the reasons why the conditions contemplated in section 66(4)(c) or the conditions and requirements contemplated in section 66(13) cannot or have not been complied with within the time stipulated by the Liquor Licensing Tribunal or the Presiding Officer, as the case may be;
(ii)the extent to which the applicant has complied with the conditions or requirements;
(iii)the steps that the applicant proposes to take in order to comply with the conditions or requirements; and
(iv)the time the applicant estimates will be required to complete the proposed steps.
(43)The Presiding Officer must consider an application made in terms of subregulation (41)(a) or (b) within 30 days after receipt of all the relevant documents referred to in subregulations (41) and (42).
(44)The Authority must, within seven days after the Presiding Officer has decided on an application made in terms of subregulation (41)(a) or (b), notify the applicant and each person who lodged a written objection or representations in respect of the application with the Authority in writing of the decision in the form of Form 27H in Annexure 3.
(45)When an application is granted in terms of this regulation the applicant must, except in respect of an application made in terms of subregulation (28), pay the applicable fee set out in Part B of Annexure 2 to the Authority.
[regulation 33 substituted by section 25 of Provincial Notice 117 of 2017]

34. Appeals and reviews

(1)A person who has lodged—
(a)an application;
(b)an objection; or
(c)representations,
in terms of the Act and who feels aggrieved by a decision made by the Liquor Licensing Tribunal, the Presiding Officer or a Deputy Presiding Officer, as the case may be, in respect of the application, objection or representations and who intends to lodge with the Authority a notice of appeal or an application for review (in this regulation referred to as the appellant), may request the Liquor Licensing Tribunal, Presiding Officer or Deputy Presiding Officer, as the case may be, to furnish reasons for the decision.
(2)An appellant who intends to request reasons for a decision must lodge with the Authority a request for reasons—
(a)within 14 days of the date on which he, she or it was notified of the decision; or
(b)within one day of the date on which he, she or it was notified of the decision, if the notice of appeal or application for review is intended to be lodged in respect of an application made in terms of regulation 19(1)(a) or (b).
(3)An appellant who does not intend to request reasons for a decision must lodge with the Authority a notice of appeal or an application for review in accordance with subregulation (5).
(4)The Liquor Licensing Tribunal, the Presiding Officer or a Deputy Presiding Officer, as the case may be, must—
(a)in respect of a request made in terms of subregulation (2)(a), within 21 days; or
(b)in respect of a request made in terms of subregulation (2)(b), within one day,
after receipt of the request for reasons, furnish written reasons for the decision.
(5)
(a)An appellant contemplated in subregulation (2) and (3) must lodge with the Authority a notice of appeal or an application for review, as the case may be, in the form of Form 29 in Annexure 3—
(i)within 20 days of receipt of the reasons for the decision or the date on which he, she or it was notified of the decision; as the case may be; or
(ii)within two days of receipt of the reasons for the decision or the date on which he, she or it was notified of the decision, as the case may be, if the notice of appeal or application for review is intended to be lodged in respect of an application made in terms of regulation 19(1)(a) or (b).
(b)The appellant must, within the period referred to in paragraph (a)(i) or (ii), as the case may be—
(i)serve a copy of the notice or application referred to in paragraph (a) on every interested party who may be affected by the notice of appeal or application for review; and
(ii)provide proof to the Authority that the notice or application has been so served.
(6)A notice of appeal or an application for review must—
(a)be in typed script and in double spacing on A4-size standard white paper;
(b)be accompanied by a statement setting out the grounds of appeal or review;
(c)be accompanied by a comprehensive statement of the factual or legal points that the appellant submits in substantiation of the appeal or review;
(d)be accompanied by a list of the authorities, if any, to be tendered in support of each of the main factual or legal points; and
(e)set out the relief sought by the appellant.
(7)
(a)The Liquor Licensing Tribunal, Presiding Officer or Deputy Presiding Officer, as the case may be, and an interested party contemplated in subregulation (5)(b)(i) may lodge with the Authority a responding statement to the notice of appeal or application for review referred to in subregulation (6) within—
(i)14 days of receipt of the notice of appeal or application for review; or
(ii)two days of receipt of the notice of appeal or application for review, if the notice of appeal or application for review was lodged in respect of an application made in terms of regulation 19(1)(a) or (b).
(b)The Liquor Licensing Tribunal, Presiding Officer or Deputy Presiding Officer, as the case may be, and an interested party contemplated in subregulation (5)(b)(i) must within the period referred to in paragraph (a)(i) or (ii), as the case may be—
(i)serve a copy of the responding statement referred to in paragraph (a) on the appellant; and
(ii)provide proof to the Authority that the responding statement has been so served.
(8)A responding statement must—
(a)be in typed script and in double spacing on A4-size standard white paper;
(b)set out a response to the notice of appeal or application for review lodged in terms of subregulation (6)(a); and
(c)be accompanied by a list of the authorities, if any, to be tendered in support of the statement.
(9)The Chief Executive Officer must, within two days after the period referred to in subregulation (7)(a)(i) has lapsed or within one day after the period referred to in subregulation (7)(a)(ii) has lapsed, as the case may be, submit to the Appeal Tribunal the following:
(a)the record of the decision of the Liquor Licensing Tribunal, Presiding Officer or Deputy Presiding Officer, as the case may be, that is the subject of the notice of appeal or application for review;
(b)where available, the transcription of the recording of the meeting of the Liquor Licensing Tribunal relating to the notice of appeal or application for review;
(c)the notice of appeal or application for review; and
(d)any responding statements lodged with the Authority.
(10)An appellant may, at any time before the Appeal Tribunal makes a decision on a notice of appeal or an application for review lodged by the appellant, withdraw the notice of appeal or application for review by giving written notice of the withdrawal to the Chief Executive Officer.
(11)The Appeal Tribunal must consider the notice of appeal or application for review on the date as contemplated in subregulation (28)(b)(i) or (ii), as the case may be.
(12)The Appeal Tribunal may request further information that, in the opinion of the Appeal Tribunal, is required to clarify issues raised by the notice of appeal or application for review from the Liquor Licensing Tribunal, Presiding Officer or Deputy Presiding Officer, as the case may be, the appellant or an interested party contemplated in subregulation (5)(b)(i).
(13)The Appeal Tribunal must, within five days of receipt of all the relevant documents and information referred to in subregulation (9) or within one day of receipt of all the relevant documents referred to in subregulation (9) if the notice of appeal or application for review was lodged in respect of an application made in terms of regulation 19(1)(a) or (b), assess whether the Appeal Tribunal requires further information.
(14)If the Appeal Tribunal assesses that further information is required, the Chief Executive Officer must, within five days of the assessment referred to in subregulation (13), or within one day of the assessment referred to in subregulation (13) if the notice of appeal or application for review was lodged in respect of an application made in terms of regulation 19(1)(a) or (b), notify the relevant person that further information is required and of the details of the further information so required.
(15)The person from whom further information is requested must, within five days of receipt of the notice referred to in subregulation (14) or within one day of receipt of the notice referred to in subregulation (14) if the notice of appeal or application for review was lodged in respect of an application made in terms of regulation 19(1)(a) or (b)—
(a)serve copies of the further information requested on—
(i)every interested party contemplated in subregulation (5)(b)(i) and the Liquor Licensing Tribunal, Presiding Officer or Deputy Presiding Officer, as the case may be, if the person is the appellant;
(ii)the appellant, Liquor Licensing Tribunal, Presiding Officer or Deputy Presiding Officer, as the case may be, and every other interested party contemplated in subregulation (5)(b)(i), if the person is an interested party; or
(iii)the appellant and every interested party contemplated in subregulation (5)(b)(i), if the person is the Liquor Licensing Tribunal, Presiding Officer or Deputy Presiding Officer, as the case may be; and
(b)lodge the further information with the Chief Executive Officer.
(16)The Chief Executive Officer must on the day on which the further information is received forward the further information to the Appeal Tribunal.
(17)When further information is served as contemplated in subregulation (15), the relevant persons contemplated in subregulation (15)(a) may, within—
(a)five days of receipt of the further information; or
(b)one day of receipt of the further information if the notice of appeal or application for review was lodged in respect of an application made in terms of regulation 19(1)(a) or (b), submit to the Chief Executive Officer submissions in relation to the further information lodged.
(18)The Chief Executive Officer must on the day on which the submissions are received forward the submissions to the Appeal Tribunal.
(19)The Appeal Tribunal may consider a notice of appeal or an application for review by means of—
(a)the consideration of the relevant documents and information referred to in subregulations (9), (15) and (17); or
(b)a hearing.
(20)The notice of appeal or application for review may, subject to subregulations (24) and (25), be considered in terms of subregulation (19)(a) if it appears to the Appeal Tribunal that the issues for determination in the notice of appeal or application for review can be adequately determined in the absence of the parties by considering the documents or other materials provided to it.
(21)The notice of appeal or application for review may be considered in terms of subregulation (19)(b)—
(a)if it appears to the Appeal Tribunal that the issues for determination in the notice of appeal or application for review cannot be adequately determined in the absence of the parties by considering the documents or other materials provided to it; or
(b)if a hearing would assist in the expeditious and fair disposal of the notice of appeal or application for review.
(22)
(a)Where no further information is required, the Appeal Tribunal must, within one day of its assessment referred to in subregulation (13) assess whether the notice of appeal or application for review lodged by the appellant should be considered in terms of subregulation (19)(a) or (b) and simultaneously notify the Chief Executive Officer of its assessment.
(b)Where further information is required, the Appeal Tribunal must, within—
(i)three days of receipt of the submissions contemplated in subregulation (17)(a), if any; or
(ii)one day of receipt of the submissions contemplated in subregulation (17)(b), if any,
assess whether the notice of appeal or application for review lodged by the appellant should be considered in terms of subregulation (19)(a) or (b) and simultaneously notify the Chief Executive Officer of its assessment.
(23)The Chief Executive Officer must within—
(a)three days of receipt of the notice contemplated in subregulation (22)(a) or (22)(b)(i); or
(b)one day of receipt of the notice contemplated in subregulation (22)(a), if the notice of appeal or application for review was lodged in respect of an application made in terms of regulation 19(1)(a) or (b) or subregulation (22)(b)(ii),
notify the Liquor Licensing Tribunal, Presiding Officer or Deputy Presiding Officer, as the case may be, the appellant and every interested party contemplated in subregulation (5)(b)(i) whether the notice of appeal or application for review lodged by the appellant is to be considered in terms of subregulation (19)(a) or (b).
(24)Where the notice referred to in subregulation (23) states that the notice of appeal or application for review is to be considered in terms of subregulation (19)(a), the appellant and every interested party contemplated in subregulation (5)(b)(i) must within—
(a)five days of receipt of the notice referred to in subregulation (23)(a); or
(b)one day of receipt of the notice referred to in subregulation (23)(b),
notify the Chief Executive Officer in writing whether or not he, she or it agrees to the consideration of the notice of appeal or application for review in terms of subregulation (19)(a).
(25)If the Chief Executive Officer does not receive a notice from the appellant or an interested party within the relevant period referred to in subregulation (24), whether or not he, she or it agrees to the consideration of the notice of appeal or application for review in terms of subregulation (19)(a), it must be assumed that the appellant or interested party, as the case may be, so agrees.
(26)Where the appellant and every interested party contemplated in subregulation (5)(b)(i) agree to the consideration of the notice of appeal or application for review in terms of subregulation (19)(a) or where no response was received from the appellant and every interested party contemplated in subregulation (5)(b)(i), the Appeal Tribunal must consider the notice of appeal or application for review in terms of subregulation (19)(a).
(27)Where the notice referred to in subregulation (23) states that the notice of appeal or application for review is to be considered in terms of subregulation (19)(b) or if the appellant or an interested party contemplated in subregulation (5)(b)(i) notifies the Chief Executive Officer in terms of subregulation (25) that he or she does not agree to the consideration of the notice of appeal or application for review in terms of subregulation (19)(a), the Appeal Tribunal must consider the notice of appeal or application for review in terms of subregulation (19)(b).
(28)The Chief Executive Officer must on the day on which the notice contemplated in subregulation (24) is received from the appellant or interested party, on the day on which the relevant period referred to in subregulation (24) lapses or, in respect of a notice contemplated in subregulation (23) that states that the notice of appeal or application for review is to be considered in terms of subregulation (19)(b), on the day on which the notice contemplated in subregulation (23) is sent to the relevant persons—
(a)notify the Appeal Tribunal whether or not the appellant or interested party agrees to the consideration of the notice of appeal or application for review in terms of subregulation (19)(a) or whether no response was received from the appellant or the interested party, as the case may be; and
(b)give written notice of the date for the consideration of the notice of appeal or application for review to the Liquor Licensing Tribunal, Presiding Officer or Deputy Presiding Officer, as the case may be, the Appeal Tribunal, the appellant and the interested party, which date must be within—
(i)ten days of the notice referred to in paragraph (a); or
(ii)three days of the notice referred to in paragraph (a) if the notice of appeal or application for review was lodged in respect of an application made in terms of regulation 19(1)(a) or (b).
(29)When an appeal or review is to be considered by means of a hearing, the Appeal Tribunal must at the consideration of the appeal or review follow the following procedure:
(a)the Appeal Tribunal must advise the appellant and every interested party contemplated in subregulation (5)(b)(i) who are present that he, she or it will be given an opportunity to present his, her or its notice of appeal, application for review or responding statement, as the case may be;
(b)the Appeal Tribunal may adjourn the hearing on good grounds at the request of a party to a time and date determined by the Appeal Tribunal for the continuation of the hearing;
(c)the appellant must present and argue his, her or its notice of appeal or application for review first, unless the Appeal Tribunal on good cause shown, determines otherwise;
(d)the representative of the Liquor Licensing Tribunal, Presiding Officer or Deputy Presiding Officer, as the case may be, may present his, her or its responding statement, if any, after the appellant at the request of the Appeal Tribunal, unless the Appeal Tribunal, on good cause shown, determines otherwise;
(e)every interested party contemplated in subregulation (5)(b)(i) may present and argue his, her or its responding statement, if any, after the representative of the Liquor Licensing Tribunal, Presiding Officer or Deputy Presiding Officer, as the case may be, unless the Appeal Tribunal on good cause shown, determines otherwise;
(f)the Appeal Tribunal may ask questions to obtain clarity during the hearing;
(g)the Appeal Tribunal may request further information that, in the opinion of the Appeal Tribunal, is required to clarify issues raised during the hearing from the Liquor Licensing Tribunal, Presiding Officer or Deputy Presiding Officer, as the case may be, the appellant or every interested party contemplated in subregulation (5)(b)(i) who is present at the hearing;
(h)the Authority must ensure that the hearing is recorded.
(30)
(a)The Appeal Tribunal must provide a written record of its findings and the reasons for the findings to the Authority.
(b)The Authority must keep a written record of all appeals and applications for reviews lodged with the Authority.
(31)If a notice of appeal or application for review, a document accompanying it, a statement contemplated in subregulation (8) or a notice is defective in any respect or if any person fails to lodge any document or adhere to a time period or time limit, the Appeal Tribunal may condone the defect or failure if such condonation is not likely to prejudice any person.
(32)The Appeal Tribunal must reach a decision on a notice of appeal or application for review—
(a)in respect of a hearing—
(i)within 14 days of the date of the hearing; or
(ii)on the date of the hearing, if the notice of appeal or application for review was lodged in respect of an application made in terms of regulation 19(1)(a) or (b);
(b)in respect of a consideration of the notice of appeal or application for review in terms of subregulation (19)(a)—
(i)within 14 days of the date on which the notice of appeal or application for review was considered; or
(ii)on the date on which the notice of appeal or application for review was considered if the notice of appeal or application for review was made in terms of regulation 19(1)(a) or (b); or
(c)within the extended period contemplated in subregulation (33).
(33)The Appeal Tribunal may extend the period contemplated in subregulation (32)(a)(i) in exceptional circumstances.
(34)The Appeal Tribunal must notify the Authority of its decision and the reasons therefore—
(a)within two days of reaching a decision as contemplated in subregulation (32)(a)(i) or (b)(i), as the case may be; or
(b)on the day of reaching a decision as contemplated in subregulation (32)(a)(ii) or (b)(ii), as the case may be.
(35)The Chief Executive Officer must, within—
(a)seven days after the Appeal Tribunal has notified the Authority of its decision in terms of subregulation (34)(a); or
(b)one day after the Appeal Tribunal has notified the Authority of its decision in terms of subregulation (34)(b),
notify the Liquor Licensing Tribunal, Presiding Officer or Deputy Presiding Officer, as the case may be, the appellant and every interested party contemplated in subregulation (5)(b)(i) in writing of the decision of the Appeal Tribunal, the reasons therefore and the extent to which the decision of the Liquor Licensing Tribunal, Presiding Officer or Deputy Presiding Officer, as the case may be, is confirmed, amended or set aside.
[regulation 34 substituted by section 26 of Provincial Notice 117 of 2017]

35. Compliance notices

(1)A compliance notice referred to in section 69(1) must be in the form of Form 30 in Annexure 3.[subregulation (1) amended by section 27(a) of Provincial Notice 117 of 2017]
(2)A compliance notice must be served by an inspector or a designated liquor officer in whose area of jurisdiction the licenced premises are located as provided for in section 69(1) and (3), by delivering the original thereof to the person named therein or, if he or she cannot be found, by delivering it at his or her residence or place of business or employment to a person apparently over the age of 16 years and apparently residing or employed there.
(3)For the purposes of section 69(6), the inspector or designated liquor officer as the case may be must issue a certificate of compliance in the form of Form 31 in Annexure 3.[subregulation (3) amended by section 27(b) of Provincial Notice 117 of 2017]
(4)A certificate of compliance must be served by an inspector or designated liquor officer as the case may be by delivering the original thereof to the person named therein or, if he or she cannot be found, by delivering it at his or her residence or place of business or employment to a person apparently over the age of 16 years and apparently residing or employed there.
(5)For the purposes of section 69(3), the designated liquor officer must notify the Chief Executive Officer within seven days of him or her issuing or serving a compliance notice.
(6)For the purposes of section 69(7), a person who intends to dispute a compliance notice must lodge a written statement in duplicate with the inspector or designated liquor officer, as the case may be.
(7)For the purposes of section 69(8), the inspector or designated liquor officer, as the case may be, who receives a statement disputing a compliance notice must, within seven days of receiving that statement, lodge the compliance notice, the statement and any other document which he or she deems relevant, with the Chief Executive Officer.

36. Exemptions

(1)A written application for an exemption in terms of section 84(2) must be lodged in the form of Form 33 in Annexure 3 with the Authority and the designated liquor officer in whose area of jurisdiction the proposed exempted premises are located together with proof of payment to the Authority of the fee set out in Item 12(a) of Annexure 1.[subregulation (1) amended by section 28(a) of Provincial Notice 117 of 2017]
(2)Every such application must, at the time it is lodged, be accompanied by written representations in support of the application.
(3)The designated liquor officer must, within 14 days after the application has been lodged, serve a copy of the report on the applicant and lodge the report with the Authority on the granting or refusal of the application.
(4)If the report referred to in subregulation (3) or a report by an inspector relating to the application contains any information or recommendation which is adverse to the interest of the applicant, the designated liquor officer or inspector, as the case may be, must notify the applicant in writing within seven days from lodging such a report and call upon the applicant to reply thereto within seven days from the date of the notice.
(5)The applicant must lodge his or her response, if any, to a report by the designated liquor officer or an inspector within seven days after having been served with a copy of either report.
(6)The Authority must, within seven days after the Liquor Licensing Tribunal has decided on an application made in terms of subregulation (1), notify the applicant and each person who lodged a written objection or representations in respect of the application with the Authority in writing of the decision.[subregulation (6) substituted by section 28(b) of Provincial Notice 117 of 2017]
(7)If an application is granted—
(a)the applicant must pay to the Authority the fee in respect of the exemption set out in Item 12(b) of Annexure 1; and
(b)a notice of exemption, must be issued by the Authority in writing within 14 days after the payment of the fee referred to in paragraph (a).[paragraph (b) amended by section 28(c) of Provincial Notice 117 of 2017]

37. Notices

(1)A licensee must ensure that the name of the premises, type of licence issued, trading hours and licence number are displayed on the front door or window of the licensed premises in characters not less than five centimetres in height.
(2)A licensee must at a prominent place on the licensed premises display the—
(a)licence;
(b)notice of renewal in respect of the relevant year;
(c)proof of payment to the Authority of the renewal fee for the relevant year or two-year period; and
(d)if applicable, a copy of the completed Form 21B in Annexure 3 by means of which the licensee has applied to subscribe to a biennial cycle in terms of section 63(2A).
[subregulation (2) substituted by section 29(a) of Provincial Notice 117 of 2017]
(3)The proof of payment referred to in subregulation (2)(c) must contain the number of the licence assigned by the Authority in terms of regulation 18(5).[subregulation (3) added by section 29(b) of Provincial Notice 117 of 2017]

37A. Administrative notices

(1)When an inspector reasonably suspects that liquor is being sold or micromanufactured in contravention of the Act, the inspector must serve on the owner or person in charge of any premises contemplated in section 74(1)(a)(iii) an administrative notice in the form of Form 32 in Annexure 3 setting out the following:
(a)the name of the owner or person in charge of the premises;
(b)the address of the premises;
(c)information on the steps that the owner or person in charge of the premises may take to obtain a licence in terms of the Act.
(2)The inspector must—
(a)obtain the information referred to in subregulation (1)(a) and (b) from the owner or person in charge of the premises;
(b)complete the form; and
(c)request the owner or person in charge of the premises to sign the administrative notice.
(3)The inspector must immediately hand a copy of the signed administrative notice to the owner or person in charge of the premises and submit copies thereof to the Authority.
(4)The Chief Executive Officer must submit to the Minister a report once every three months, or upon request by the Minister, on the administrative notices issued during the reporting period or such other period as requested by the Minister.
(5)The report must include—
(a)the number of administrative notices issued;
(b)details of the areas in which the administrative notices were issued; and
(c)any other relevant information that the Minister may require.
[regulation 37A inserted by sections 2(c) and 30 of Provincial Notice 117 of 2017]

38. Short title and commencement

(1)These regulations are called the Western Cape Liquor Regulations, 2011, and, subject to subregulation (2) come into operation on a date determined by the Minister by notice in the Provincial Gazette.
(2)The following provisions come into effect on the date of publication of these regulations in the Provincial Gazette:
(a)In regulation 1, the definition of "Act", "Head of Department", "section", and "Speaker"; and
(b)regulations 2, 5, 6, and 38.

Annexure 1

Fees payable in respect of certain applications and maximum amount of fine

[annexure 1 substituted by section 33 of Provincial Notice 117 of 2017, by section 2 of Provincial Notice 122 of 2018, by section 2 of Provincial Notice 109 of 2019, by section 2 of Provincial Notice 112 of 2020, by section 2 of Provincial Notice 90 of 2022, by section 2 of Provincial Notice 93 of 2023, and by section 2 of Provincial Notice 101 of 2024]
Item No.Nature of application or fineFees or fine payable (R)
1.Application for a licence in terms of section 36(1)(e)2 429
2.Application for a temporary liquor licence in terms of section 48(1)537
3.Application for an event liquor licence in terms of section 48(4)537
4.Application to amend the conditions of a licence in terms of section 49(6)994
5.Application to transfer a financial interest in the business to which the licence relates in terms of section 51(2)994
6.Application for consent to alter licensed premises, change the nature of the business or conduct business under the licence on premises on which any other business, trade or occupation is carried on or pursued in terms of section 53(1)(a), (b) or (c) respectively994 (each)
7.(a) Application to store liquor in terms of section 57(1)537
(b) Granting of application to store liquor in terms of section 57(1)537
8.(a) Application for the extension of trading hours in terms of section 59(4)499
(b) Granting of application for extension of trading hours in terms of section 59(4)1 411
9.Application for renewal in terms of section 64(1)2 510
10.(a) Application for the transfer of a licence in terms of section 65(1)537
(b) Application for consent in terms of section 65(3) to conduct the licensed business pending the transfer of the licence in terms of section 65(1)537
(c) Application for the extension in terms of section 65(6) of the period in respect of consent granted in terms of section 65(5)537
11.Application for the removal of a licence in terms of section 66(2)994
12.(a) Application for exemption in terms of section 84(2)994
(b) Granting of an application for exemption in terms of section 84(2)994
[Please note: numbering as in original.]
14.Application for a copy of a licence and the conditions thereto or of any application152
15.Copies of minutes of proceedings of Authority, Liquor Licensing Tribunal or Appeal Tribunal152
16.Maximum amount of fine that the Liquor Licensing Tribunal may impose in terms of section 20(3)(b)(v)153 052
17.Application— 
(a) to withdraw or amend conditions attached to a conditional approval: regulations 17(9), 32(36), 33(33)537
(b) to amend a plan of the premises attached to a conditional approval: regulations 17(9), 33(33)537
(c) to extend the time period granted for a conditional approval: regulations 17(19), 32(47), 33(42)537
(d) for revocation or amendment of conditions or requirements determined under section 66(13): regulation 33(33)537
18.Application in terms of section 51(7) to— 
(a) let the licensed premises to another person;994
(b) allow another person to carry on business in terms of the licence;994
(c) allow another person to use the licensed premises994

Annexure 2

Fees payable in respect of licences, transfers, removals, renewals and upon granting of certain applications

[annexure 2 substituted by section 34 of Provincial Notice 117 of 2017, by section 3 of Provincial Notice 122 of 2018, by section 3 of Provincial Notice 109 of 2019, by section 3 of Provincial Notice 112 of 2020, by section 3 of Provincial Notice 90 of 2022, by section 3 of Provincial Notice 93 of 2023, and by section 3 of Provincial Notice 101 of 2024]
 Part APart BPart C
ItemFees payable in respect of a new licence and when certain applications are granted (R)Fees payable in respect of the transfer or removal of a licence (R)Renewal fees (R)
AnnualBiennial
1. On-consumption licence3 0391 9006 07012 139
2. Off-consumption licence3 0391 9006 07012 139
3. On-and-off-consumption licence3 0392 8859 86119 723
4. Micro-manufacturing licence3 0391 9006 07012 139
5. Temporary liquor licence304 (per day)---
6. Event liquor licence304 (per day)---
7. Alter licensed premises304---
8. Change nature of licensed business304---
9. Conduct licensed business on premises on which other business is conducted304---
10. Amend or withdraw conditions attached to a conditional approval994---
11. Amend the plan attached to a conditional approval994---
12. Extend the time period attached to a conditional approval994---
13. Conduct licensed business pending the transfer of the licence994---
14. Extend the time period in respect of consent granted to conduct business pending the transfer of the licence994---
15. Revocation or amendment of conditions or requirements determined under section 66(13)994---

Annexure 3

Index to forms

[annexure 3 amended by section 5 of Government Notice 84 of 2012 and substituted by section 35 of Provincial Notice 117 of 2017]
RegulationForm No.Description
Appointment of members of the Board and Liquor Licensing Tribunal
2(3)1Nomination form for appointment as member of the Board
6(6)2Nomination form for appointment as member or substitute member of Liquor Licensing Tribunal
Application procedure for new licence
9(3)3Application for a licence in terms of section 36
10(1)3ANotice of applications for liquor licences in terms of section 37(1) of the Western Cape Liquor Act, 2008
10(2)3BNotice of lodgement of application for liquor licence
Notices and summonses
16(1)4ANotice to be present at a meeting of the Liquor Licensing Tribunal in terms of section 23(2)
16(1)4BSummons in terms of section 23(5)
Conditional granting of licences
17(2)5ANotice of conditional granting of licence in terms of regulation 17(2)
17(8) & (18)5BApplication—A –In terms of section 42(4) for the amendment or withdrawal of the conditions imposed in terms of section 42(1)B –In terms of section 42(5)(b) for the amendment of the plan of the premises; orC –In terms of section 42(5)(a) for the extension of the time period
17(17) & (22)5CNotice of decision in terms of regulation 17(17) or (22)
17(28)5DNotice of revocation in terms of section 42(4A) of licence conditionally granted
17(25)5ENotice in terms of regulation 17(25)
17(25)5ENotice in terms of regulation 17(25)
Issuing of licence
18(2)6ANotice of granting of licence
17(4)6BNotice in terms of regulation 17(4) that conditions of conditional granting of licence have been complied with
18(3A)6CApplication for condonation of the failure to pay prescribed fee in terms of section 46(6)
17(6) & 18(4)7Liquor licence
Application for temporary liquor licence or event liquor licence
19(2)(a)(ii)8Application for a temporary liquor licence in terms of section 48(1)
19(2)(b)(ii)9Application for an event liquor licence in terms of section 48(4)
19(18)(b)10Temporary liquor licence
19(18)(b)11Event liquor licence
19(14)12AApplication for condonation of the late filing of an application for a temporary or an event liquor licence in terms of section 48(10)
19(19)12BNotice in terms of regulation 19(19)
Application for transfer of financial interest in licensed business or to let licensed business
21(1)13Application to transfer a financial interest in the licensed business in terms of section 51(1)
21(2)14Application to let premises to another person, allow another person to carry on business in terms of the licence or allow another person to use the licensed premises in terms of section 51(7)
Nomination of manager
22(1)15Nomination for the appointment of a manager in terms of section 52
Alteration of licensed business or nature of business
23(1)16Application for consent to carry out structural alterations to the licensed premises in terms of section 53(1)(a)
23(2)17Application for consent to materially change the nature of the licenced business in terms of section 53(1)(b)
23(3)18Application for consent to conduct a business under a licence on premises on which any other business, including a business to which any other licence relates, or any other trade or occupation is carried on in terms of section 53(1)(c)
Trading hours
26(1)19Application for the extension of trading hours in terms of section 59(4)
Abandonment of licence
2920Notice of abandonment of licence
Automatic renewal of licence and condonation of the failure to pay renewal fee by due date
30(1)21AAnnual or biennial renewal notice
30(3)21BBiennial renewal notice: Notice to subscribe to biennial renewal cycle
30(4)21CApplication for condonation of the failure to pay renewal fee in terms of section 63(4)
Application for the renewal of licence
31(1)22Application for renewal of licence in terms of section 64(1)
31(4)23Application for condonation of the failure to apply for the renewal of licence in terms of section 64(4)
Transfer of licence
32(2)(a)24Application for transfer of licence in terms of section 65(1)
32(10)24ANotice of granting or refusal of transfer of licence
32(11)24BNotice of conditional granting of transfer of licence in terms of regulation 32(11)
32(14)24CNotice that the conditions of conditional granting of transfer of licence have been complied with in terms of regulation 32(14)
32(17)24DApplication for condonation of failure to pay prescribed fee in terms of section 65(19)
32(35) & (46)24EApplication—A –In terms of section 65(12B) for the amendment or withdrawal of conditions imposed in terms of section 65(12); orB –In terms of section 65(12C) for the extension of the time period stipulated in terms of section 65(12A)
32(45) & (49)24FNotice of decision in terms of regulation 32(45) or (49)
32(12) & (16)25Certificate of transfer of a liquor licence in terms of section 65(17)
32(21)26Application for consent to conduct licensed business pending the transfer of the licence in terms of section 65(3)
32(31)26AApplication in terms of section 65(6) to extend the time period of consent granted in terms of section 65(5)
32(34)26BConsent for the extension of the time period granted in terms of section 65(5)
Application for removal of licence
33(7)27Application for the removal of a licence in terms of section 66(2)
33(2)27ANotice of lodgement of application for removal of liquor licence in terms of section 66(2) of the Western Cape Liquor Act, 2008
33(5)27BNotice of lodgement of application for removal of liquor licence
33(21)27CNotice of granting or refusal of removal of licence
33(22)27DNotice of conditional granting of removal of licence in terms of regulation 33(22)
33(25)27ENotice that the conditions of conditional granting have been complied with in terms of regulation 33(25)
33(28)27FApplication for condonation of the failure to pay prescribed fee in terms of section 66(8)
33(32) & (41)27GApplication—A –In terms of section 66(4B) for the amendment or withdrawal of conditions;B –In terms of section 66(14)(a) to revoke or amend any condition or requirement;C –In terms of section 66(14)(d) to approve an amended plan; orD –To extend the time period—(a)stipulated by the Liquor Licensing Tribunal in terms of section 66(4C); or(b)stipulated by the Presiding Officer in terms of section 66(14)(b) or (c)
33(40) & (44)27HNotice of decision in terms of regulation 33(40) or (44)
33(23) & (27)28Certificate of removal of licence in terms of section 66
Appeals and reviews
34(6)29Notice of appeal or application for review in terms of section 68(3)
Compliance
35(1)30Compliance notice in terms of section 69(1)
35(3)31Certificate of compliance in terms of section 69(6)
Administrative notice
37A(1)32Notice in terms of regulation 37A(1)
36(1)33Application for exemption in terms of section 84(2)
[form 5 substituted by Provincial Notice 371 of 2012][form 18 substituted by Provincial Notice 275 of 2015][form 19 substituted by Provincial Notice 275 of 2015][form 20 substituted by Provincial Notice 275 of 2015][Editorial note: The forms have not been reproduced.]
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